Virginia Injury Lawyers Blog
A fall on a waterfront promenade or boardwalk can change your life in seconds. These public walkways look like parks, but they often function as critical commuter routes with heavy foot and bike traffic. That distinction matters for your claim. Recent Maryland appellate guidance shows how courts analyze duty, notice, and statutory defenses when someone is hurt on a brick walkway, bulkhead edge, or similar path in a public space. If you were injured on a store’s sidewalk, a marina promenade, or a city-maintained path, you should understand how liability works and which defenses property owners try to raise.
Premises Liability In Maryland and The Duty to Keep Walkways Safe
Property owners in Maryland must use reasonable care to keep walkways safe for guests. That duty includes regular inspection, timely cleanup of spills or debris, repair of broken surfaces, and warnings when dangerous conditions cannot be fixed immediately. On public promenades and boardwalks, the same core principles apply, but disputes often center on whether the area is a “recreational” space or a transportation corridor. If the location functions as a public sidewalk or shared-use path, courts are more likely to treat it like any other thoroughfare, which keeps the property owner’s or municipality’s duty firmly in place.
Why The “Recreational Use” Defense Does Not Automatically Apply
Cities and public agencies sometimes argue that a boardwalk is a park, so recreational-use immunity should shield them from liability. Maryland’s high court recently explained that form and function both matter. When a promenade operates as a public pedestrian and bicycle route, maintained by a transportation department, listed in a city bicycle master plan, and used by commuters, recreational immunity weakens. That analysis helps injured pedestrians who encounter hazards such as gaps between bricks and granite, missing pavers, slick algae near bulkheads, or poorly maintained transitions between surfaces. The takeaway is simple. A public waterfront path that behaves like a sidewalk is often treated like one.
Proving Liability On Boardwalks, Promenades, And Storefront Walkways
Winning a premises liability case requires proof of a dangerous condition and proof that the owner knew or should have known about it. For public paths and private storefronts alike, evidence drives the result.
- Document the hazard with close-up photos and wide shots that show location, lighting, and approach;
- Capture measurements of height differences, gaps, or uneven transitions;
- Identify prior repair records, maintenance logs, or citizen complaints if available;
- Gather witness names, including employees from nearby businesses who observed the condition; and
- Preserve video from security cameras and doorbells before it is overwritten.
When the hazard existed long enough that a reasonable inspection would have found it, notice can be established even without a prior complaint. If the owner created the hazard, such as a failed repair or a loose edge after construction, proving notice is easier.
How Statutory Interpretation Shapes Premises Cases
Premises liability often turns on the precise wording of statutes and ordinances. Maryland appellate courts read these texts closely and apply them as written. That approach appears in multiple recent opinions, even in cases outside traditional injury law. For injury claims, this method of interpretation affects defenses like recreational-use immunity and notice rules for suits against cities or state agencies. Minor wording differences can determine whether a claim proceeds, so your filings should track the text of the statutes governing duty and immunity.
Claims Against Cities And Public Agencies
If a dangerous condition on a city-maintained promenade or sidewalk injured you, special rules apply. Maryland law requires timely written notice and imposes damage caps for claims against government entities. Courts expect strict compliance with these requirements. File notices early, include specific location details, and request preservation of maintenance logs and inspection records. An attorney can also retain an engineering expert to evaluate whether the design, materials, or maintenance fell below accepted standards for a shared-use path.
Storefront And Shopping-Center Walkway Injuries
Private property owners owe the same reasonable-care duty, and they cannot avoid liability by pointing to weather or foot traffic alone. Common hazards include broken pavers at curb cuts, slick painted surfaces at crosswalks, mats that curl at store entrances, and wheel-stop or parking-block placement that creates trip hazards on pedestrian routes. Evidence of routine inspections, cleanup schedules, or lack thereof often decides these cases. When a vehicle crashes through a storefront or jumps a curb into a pedestrian area, owners may face liability for failing to install bollards, barriers, or other protective measures in known risk zones.
Defenses You Should Expect And How To Counter Them
Property owners frequently argue that the danger was “open and obvious,” that the defect was too trivial to cause harm, or that you were distracted. They may also claim a lack of notice or blame the weather. Counter these defenses with targeted proof:
- Scene photos that reveal poor contrast, shadows, or glare that hide the defect;
- Measurements showing a vertical displacement or gap large enough to present a tripping risk;
- Maintenance records reveal no inspection was conducted just before your fall, despite heavy use; and
- Expert opinions tie surface material, slope, or drainage to slippery conditions.
Maryland’s contributory negligence doctrine remains harsh. Insurers often argue that even slight carelessness by the injured person bars recovery. Meticulous evidence helps defeat that tactic.
What To Do In The First Week After A Slip Or Trip On A Public Path
Your actions in the first days can determine the strength of your claim.
- Photograph the condition from several angles and distances at the same time of day;
- Ask nearby businesses to preserve video and provide statements;
- Report the hazard to the property owner or the city and request the report number;
- Seek medical care immediately and follow through with treatment and imaging as ordered; and
- Save shoes and clothing, keep all bills and discharge papers, and track missed work.
These steps create the record that insurers and courts rely on to evaluate liability and damages.
Speak With A Maryland Slip And Fall Attorney
If you were injured on a Maryland boardwalk, promenade, or storefront walkway, you should get clear guidance on duty, notice, and statutory defenses before dealing with insurers. A Maryland slip and fall attorney can identify every responsible party, preserve crucial evidence, and build a case that overcomes common defenses.
Call The Schupak Law Firm at 240-833-3914 for a free consultation. You will receive a practical plan for evidence, medical documentation, and claim filing that protects your rights from the start.