Yes. Dangerous property conditions can lead to a wrongful death when a property owner fails to use reasonable care and that failure contributes to a preventable fatal accident. A fatal accident on another person’s property leaves families with many questions. Many people wonder whether the property owner could have prevented the death by fixing the hazard. Learning how these claims work in Prince George’s County can help families better understand the legal process.
What property hazards can cause a fatal accident?
Unsafe conditions can exist in homes, apartment buildings, stores and other properties open to visitors. A fatal accident may happen when a property owner does not fix a dangerous condition or warn visitors about it. Common hazards include:
- Broken stairs or loose handrails
- Poorly lit walkways or parking areas
- Unsafe balconies or decks
- Falling items from shelves or buildings
- Inadequate fire safety measures
- Poor security that contributes to a fatal assault
In Maryland, negligent security claims are highly fact-specific, as proving causation and foreseeability can be difficult.
Each case depends on the facts. The next step is to determine whether the owner may be legally responsible.
When can a property owner be responsible?
A fatal accident does not always mean the property owner is liable. In Maryland, a property owner’s responsibilities may depend on why the person was on the property and the circumstances surrounding the accident. A claim may depend on whether the owner knew or should have known about the dangerous condition and had a reasonable opportunity to repair it or provide a warning.
If a dangerous property condition causes a death, certain surviving family members may be able to file a wrongful death claim under Maryland Code, Courts and Judicial Proceedings § 3-904. Evidence can help show whether those legal requirements are met.
What evidence can support a claim?
Strong evidence can help explain what happened. Photos, video footage, maintenance records, inspection reports and witness statements may show that a dangerous condition existed before the accident. Medical records and professional opinions may also help establish a connection between the hazardous condition and the person’s death.
A dangerous property condition can have lasting effects on a family. Knowing how wrongful death claims work can help people make sound decisions after a tragic loss.