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The Damages Cap for Maryland Premises Liability Claims

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Premises liability addresses injuries or harm that occur due to dangerous conditions on a property. If the property owner fails to maintain their property in a safe condition, then they may be liable for any resulting injury to a visitor. Though the duties and liabilities under this doctrine can vary based on the circumstances and the type of visitor.

As with other personal injury claims in Maryland, there is a damages cap for premises liability claims. Stated otherwise, the injured party has a limit on certain types of damages. That being said, this cap does not apply to all types of damages in a premises liability claim. There are different rules for economic and non-economic damages.

What is the Difference Between Economic & Non-Economic Damages?

Maryland Code of Courts and Judicial Proceedings Section 11-109 provides the definition of economic damages. On a larger level, economic damages refer to medical costs and lost wages. Specifically, Section 11-109 lists the following entries as economic damages:

  • Past medical costs;
  • Future medical costs;
  • Past lost wages; and
  • Future lost wages.

Maryland Code of Courts and Judicial Proceedings Section 11-108 provides the definition of non-economic damages. For personal injury claims — including premises liability — Section 11-108 lists the following entries as non-economic damages:

  • Pain;
  • Suffering;
  • Inconvenience;
  • Physical impairment;
  • Disfigurement;
  • Loss of companionship; and
  • Other non-monetary injuries.

The term non-economic damages does not include punitive damages in Maryland. Furthermore, the definition of non-economic damages can change based on the type of legal claim. For example, wrongful death actions feature an expanded list of non-economic damages.

What is the Damages Cap on Premises Liability and Negligent Security Claims?

For any economic damages in a premises liability claim, Maryland law does not impose a cap. If the injured party can demonstrate qualifying medical costs or lost wages, then they may request a corresponding amount of economic damages.

On the other hand, Maryland law does impose a cap on non-economic damages in premises liability cases. The injured party is not allowed to collect non-economic damages beyond a certain threshold. Please find below a breakdown of past, present and future caps for premises liability claims:

  • In 2016, the non-economic damages cap was $830,000.00;
  • In 2017, the non-economic damages cap was $845,000.00;
  • In 2018, the non-economic damages cap was $860,000.00;
  • In 2019, the non-economic damages cap will be $875,000.00; and
  • In 2020, the non-economic damages cap will be $890,000.00.

In cases involving wrongful death or survival actions, however, there is a different cap structure in place.

Let Us Help You Today

If you have legal questions about premises liability or negligent security in Maryland, it can be highly valuable to seek counsel from an accomplished personal injury attorney. The attorneys at Iamele & Iamele, LLP in Baltimore, Maryland, have proven credentials in personal injury law, including premises liability and negligent security claims. If you need legal help, contact us today for a free initial consultation.

 

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