Md. Code Cts. & Jud. Proc. § 5-101
Premises Liability (Slip & Fall)
Injuries caused by unsafe property conditions, like slips, trips, or hazards.
Statute of Limitation in Maryland
The statute of limitations for filing a premises liability claim, including slip and fall cases, in Maryland is typically three years from the date of the injury.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the injured party is a minor or has a mental disability; this can toll the statute until the disability is removed. Additionally, if the property owner engages in fraudulent concealment of the hazardous condition, this may also affect the filing period. Contact an attorney.
Example Scenario
If a slip and fall incident occurs on January 1, 2023, the claim must be filed by January 1, 2026.
Understanding Statutes of Limitations in Maryland
The statute of limitations for premises liability (slip & fall) in Maryland acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Maryland state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for premises liability (slip & fall) after the 3-years period has expired, the defendant will likely file a motion to dismiss the case. In Maryland, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Maryland law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Maryland serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (3 years in this instance), potential liability is extinguished.
Can this be resolved in Maryland Small Claims court?