Frequently, this blog discusses cases in which a defendant landowner faces liability for injuries that occur on their property. These cases, referred to as Maryland premises liability cases, are brought under the general theory of negligence. Thus, to succeed in a Maryland premises liability case, an accident victim must show that the defendant was somehow negligent and that the defendant’s negligence was the cause of their injuries.
While the general rule states that a landowner is liable for a guest’s injuries that were the result of the landowner’s negligence, the Maryland recreational use statute provides landowners immunity in certain limited situations. Under Maryland Code section 5-1104, a landowner who permits others to use their property for “any recreational or educational” purpose without charging a fee is not liable for guest’s injuries. This applies to both public and private landowners. The law’s stated purpose is to “encourage any owner of land to make [their property] available to the public for any recreational and educational purpose by limiting the owner’s liability.”
The recreational use statute does not afford protection to landowners who willfully or maliciously failed to guard or warn against a dangerous condition. A recent state appellate opinion illustrates how courts interpret recreational use statutes, as well as the “willful or malicious” exception.