Recent Ruling Means Property Owners at More Risk

The Baltimore Business Journal just came out with an article by guest contributor, Attorney Barry C. Goldstein, which addresses a new ruling that came down and may affect your rights as a property owner.    At issue, a Court of Appeals of Maryland decision which requires an injured plaintiff to show he/she had "actual" knowledge of a given risk. 

Attorney Goldstein uses an example of a foursome on a sunny day on a country club golf course.  While on the course, it becomes apparent that a fierce thunder storm with lightning is approaching.  Most people, realizing the danger of a thunder storm with lightning, pack-up and leave the golf course because, of course, this is "common sense".  However, one group decides to stay on the course, despite the risk, and someone becomes seriously injured.

The family of the injured golfer decides to sue the country club because they feel the country club should have warned all golfers to leave the course once it was apparent a storm was approaching which could be dangerous.

This recent ruling is a change from how the courts have previously looked at cases similiar to this scenario.  In the past, a facility or property owner was able to defeat some charges brought by injured plaintiffs by using the affirmative defense of "assumption of risk".  Under an "assumption of risk" if a person in a similiar situation would have known that a certain activity could cause injury, then his/her claim would not have been valid under the law.

With the new ruling, the Court has opened the door for plaintiffs to prevail by requiring that an injured plaintiff prove he/she had "actual knowledge" of the risk to win an assumption of risk defense.  As Attorney Goldstein states "this is a nearly impossible standard to meet".

Given the risks that property owners face, doesn't it make sense to hire a Property Management Company to protect you as a property owner?  Visit www.columbiaweichertpm.com to find out how we can protect your interests!