What Is the Statute of Limitations for a Premises Liability Case in Maryland?
What Is the Statute of Limitations for a Premises Liability Case in Maryland?
If you were injured on someone else’s property in Maryland, time is a critical factor. Premises liability claims—such as slip and falls, unsafe stairways, or poor property maintenance—must be filed within a specific legal deadline. Missing that deadline can mean losing the right to seek compensation altogether. Understanding how Maryland’s statute of limitations works can help you protect your claim.
At The Law Office Of J. Wyndal Gordon, P.A., we assist individuals throughout Baltimore in understanding their legal options after an injury on unsafe property.
Maryland’s General Statute of Limitations for Premises Liability
In most premises liability cases, Maryland law provides three years from the date of the injury to file a lawsuit. This deadline comes from Maryland Courts and Judicial Proceedings § 5-101 and applies to most personal injury claims, including those involving unsafe property conditions.
If a lawsuit is not filed within this three-year window, the court will likely dismiss the case, regardless of how serious the injury may be.
How the Discovery Rule May Apply
Maryland follows the “discovery rule” in certain situations. This rule means the statute of limitations may begin when you knew—or reasonably should have known—that your injury was caused by a property owner’s negligence.
For example, if a hazardous condition caused injuries that were not immediately apparent, the filing deadline may start later. However, discovery rule arguments can be complex and are often disputed.
Claims Involving Government-Owned Property
If the injury occurred on property owned or maintained by a government entity, additional rules apply:
- Local government claims generally require written notice within one year of the injury.
- State government claims typically require notice to the State Treasurer within one year.
These notice requirements are separate from the three-year statute of limitations and are strictly enforced.
Injured Minors and Tolling of Deadlines
When the injured person is under 18, Maryland law may pause (or “toll”) the statute of limitations until the child reaches adulthood. In many cases, the three-year clock begins once the individual turns 18.
Why Acting Quickly Matters
Evidence can disappear, memories fade, and property conditions can change. Acting promptly helps preserve your claim and allows time to determine who may be legally responsible for your injuries.
Legal Guidance for Baltimore Premises Liability Claims
Premises liability cases often involve insurers, property owners, and complex legal defenses. Understanding the statute of limitations is only one part of building a strong claim. Legal guidance can help ensure deadlines are met and procedural requirements are followed.
