Virginia Injury Lawyers Blog
If you were injured while walking or cycling on public property, you may assume the city cannot be held responsible. That is not always true. A recent Maryland Supreme Court case, Mayor and City Council of Baltimore v. Wallace, confirms that cities cannot automatically escape responsibility by claiming the area was “recreational.” If the space functions as part of the public’s transportation network, the municipality may still face liability for your injuries.
You should be aware that you may still have a case even if the injury occurred in an area commonly used for leisure activities. What matters most is how the property serves the public and whether the city failed to maintain it safely.
Court Confirms City’s Responsibility When Walkways Serve Transportation Needs
The Court examined whether a scenic promenade that also functions as a transportation route for pedestrians and cyclists falls within the protection of Maryland’s Recreational Use Statute. That law generally shields public entities from lawsuits when someone is injured while using public land for recreational purposes. However, the Court found that the promenade’s use as a connector between key city points made it more than just a recreational trail.
The decision allows an injured bicyclist to continue pursuing a premises liability claim against the city. This means that your case could proceed if the area where you fell, tripped, or collided were used regularly for movement across the city, not just for leisure.
How This Case Could Affect Your Slip and Fall Claim
Slip and fall accidents on city-maintained paths can result in broken bones, brain trauma, or long-term disability. Municipalities often attempt to dismiss these claims by invoking recreational use protections. The Wallace case makes clear that such protections do not apply when a walkway is part of a transportation network. That distinction opens the door for injury victims to seek compensation when cities fail to repair dangerous conditions.
Your attorney can review the area’s layout, public records, and usage patterns to argue that the space served a transportation function. That approach could allow your case to move forward despite initial pushback from the city.
What You Need to Prove in These Claims
To hold a city responsible for your injury on a public walkway, you must show that:
The city controlled or maintained the area;
A dangerous condition existed;
City officials were aware of or should have been aware of the danger; and
That condition caused your injury.
Even with the Wallace ruling, proving negligence still requires detailed evidence. Your legal team may gather maintenance logs, inspection reports, witness statements, and photographs of the hazard. These materials help build a strong case and counter blanket immunity defenses.
Get Legal Help If You Were Injured on City Property
Injury claims involving public land are not easy to handle on your own. The rules differ from private property cases. Government agencies often attempt to dismiss cases early by citing immunity statutes. The Wallace decision confirms that these statutes have limits. If the area where you were hurt is connected to sidewalks, neighborhoods, or transit hubs, the city may still be responsible for keeping that space safe.
A personal injury attorney can help determine whether your case falls into this category and take swift action to preserve your claim.
Call the Schupak Law Firm for Premises Liability Claims in Maryland
If you were injured on a public path, sidewalk, or shared-use trail in Maryland, and someone told you the city cannot be held responsible, that may not be true. The law in Maryland continues to evolve, and recent court decisions have made it clear that government entities can be held accountable when public walkways are used for everyday travel and are not adequately maintained. You may have been told your case would be dismissed, but the specific facts surrounding how the space was used and what the city knew about its condition could change that outcome.
Before you give up on your claim, speak with a personal injury lawyer who understands how premises liability works when public property is involved. Schupak Law Firm has experience handling injury cases throughout Maryland and can help you understand whether your situation qualifies for compensation. Call 240-833-3914 to schedule a free consultation and get clear, honest guidance about your next steps.