Maryland Condominium Is Responsible for Maintaining Common Property in Safe Condition

Condominiums in Maryland have a duty to exercise reasonable and ordinary care to keep the common area safe for residents and their guests. Where there is a dangerous condition on the property which the condominium board or manager knew or should have known about, the condominium may be liable for the injuries caused by the dangerous condition.

Duty Owed Depends on Status of Injured Person. As explained in a decision of the Maryland Court of Special Appeals, the potential “premises liability” depends on the relationship between the injured person and the condominium. For an “invitee” on the property at the invitation of the property owner, there is duty of reasonable and ordinary care which includes a duty to inspect the property to discover and correct dangerous conditions. Invitees must also be warned of known dangers. For a “social guest” or “licensee” who is permitted on the property for the benefit of the person entering the property, there is only a duty to warn of known dangers. For a “trespasser” or “bare licensee” who does not have permission to be on the portion of the property where an injury occurs, there is merely a duty to refrain from willful injury or entrapment but no duty to warn of dangerous conditions.

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