Slip and Fall Settlement Payouts in Maryland

This page is about Maryland slip and fall lawsuits.  We look at how they work and the settlement amount and jury payouts victims see in these lawsuits.

The lawyers at Miller & Zois have handled countless premises liability or slip-and-fall injury cases throughout Maryland. We know these claims well.

What is a Slip and Fall Case Worth in Maryland?

A good but imperfect place to start when looking at calculating settlement amounts for slip and fall lawsuits is the statistics.  The national median award for industrial/commercial premises liability cases is $345,000, while the median amount for all other premises liability claims is $105,000.

But that tells you little about the settlement compensation you should get for your claim. The value of a slip and fall case will be driven by two separate factors: (1) the nature and severity of the injuries and (2) the extent of the property owner’s negligence and resulting liability. The impact of the first fact is pretty obvious.

A slip and fall that results in minor injuries, such as a sprained wrist or some bruising, will naturally be worth much less than a case where someone slips and breaks a leg or worse. The second factor relating to the extent of the property owner’s negligence is more complex. Usually, it depends on the type of hazard or dangerous condition that caused the slip and fall: e.g., a wet floor with no warning, snow and ice, or dangerous design or construction.

Even when a slip and fall results in serious injury, this second factor can often render the case worthless. In most cases, the plaintiff must show that the property owner had actual or constructive knowledge of the hazardous condition to establish liability. For example, if a customer walks into a store and slips on a banana peel, they would need to prove that (a) the store owner or employees actually knew about the banana peel or (b) that under the circumstances, the store owner or employees reasonably should have known about the banana peel. The case could be worth nothing if the plaintiff cannot prove notice.

Liability is much easier in cases where the property owner or its employees created the hazardous condition. The classic example of this is when an employee mops the storeroom floor. In this case, the plaintiff does not have to prove actual or constructive knowledge of the wet floor. The property owner is the one who made the floor wet, so knowledge is presumed.

Maryland Slip and Fall Settlement Amounts and Jury Payouts

Reported verdicts and settlements indicate that about 68% of Maryland slip and fall cases had a value somewhere between $5,000 and $50,000. Just under 5% of the cases had a final value in excess of $500,000. The highest reported verdict was $4.2 million which came in a 2002 case in Prince George’s County where the Plaintiff slipped on ice, broke her leg and ended up with a bone infection.

Slip and fall accidents can result in severe injuries, leading to significant medical expenses, lost wages, and prolonged pain and suffering. Understanding the potential settlement amounts for these cases can provide valuable insight into what you might expect if you’ve experienced a similar incident. Below, we present a list of sample settlement amounts from various slip and fall cases.

It would be great if there were a slip-and-fall settlement value calculator where we could punch in some numbers. However, there is no expected formula to predict the settlement value of a slip-and-fall case in Maryland. But a review of these cases shows that in Maryland, there are at least three factors that will consistently impact the calculation of the value of a slip and fall case: (1) the severity of injury, (2) the nature and extent of the property owners’ negligence and liability; and (3) the jurisdiction which the case is filed in.

These examples highlight the range of compensation that can be awarded, depending on the specific circumstances and severity of the injuries involved. Reviewing these cases can help you better understand the legal landscape and what factors might influence the outcome of your own claim.

• $500,784 Verdict (Maryland 2023): The plaintiff slipped and fell in a bathroom at work, which was maintained by the defendant company. After a janitor had sprayed disinfectant and told her the bathroom was ready for use, she initially declined but returned 30 minutes later, slipping on the still-wet floor. The fall resulted in knee injuries necessitating a total knee replacement and unspecified cervical spine damage. The plaintiff claimed the defendant’s employee failed to place warning signs and allowed the bathroom to be used while the floor was wet. The court denied the defendant’s motion for summary judgment. The jury awarded the plaintiff $500,784 for compensatory pain and suffering.
• $30,000 Verdict (Baltimore City 2023): The plaintiff, a tenant, fell when the exterior back steps of his rental residence collapsed. The fall caused headaches and injuries to his neck, back, and right leg. The plaintiff claimed that the landlord had exclusive control over the property and failed to maintain or repair the premises properly, also failing to warn of the dangerous condition. The defendant, who rented bedrooms in the home to various tenants, argued that the plaintiff had previously demanded and rejected a $17,500 settlement offer. The jury awarded the plaintiff $30,000, comprising $8,752 for past medical expenses and $21,248 for noneconomic damages.
• $154,379 Verdict (Baltimore City 2022):  A plaintiff and her two grandsons entered a Walmart Supercenter in Pasadena, Maryland, to buy cakes for her daughter’s birthday. After picking up the cakes, they walked through the produce aisle, passing a pyramid-shaped banana display table with black metal wheeled carts underneath. These carts were used to hold overstock bananas and were supposed to be stored under the table when not in use. As the plaintiff followed her grandsons, who were slightly ahead, she turned a corner around the display and stepped on an empty cart. The cart rolled out from under her, causing her to fall and suffer severe injuries. Her 12-year-old grandson had noticed the cart and tried to warn her, but she did not see it in time. Video surveillance captured the incident, showing an employee restocking the display and walking away with cardboard boxes before the fall. However, the cart and the floor were obscured from view during the fall, and the cart was not visible in the footage.. The plaintiff alleged that she sustained injuries, including tears to her right hip, hamstring, and thigh, as well as Grade IV chondromalacia patella of her knee.  The plaintiff was awarded $154,379.
• $45,000 Verdict (Maryland 2019): A 13-year-old male plaintiff suffered a right displaced hip fracture at an amusement park operated by the defendant. The injury occurred when he slipped and fell on a wet walkway near a wooden bridge, which was frequently splashed by water from a nearby log flume ride. The plaintiff required closed manipulation, open treatment with capsulotomy, and hip joint aspiration, resulting in permanent impairment. The plaintiff claimed the defendant was negligent in maintaining and inspecting the premises, as the walkway was not slip-resistant and lacked proper matting or other measures to ensure dryness. The defendant denied liability, asserting the presence of a warning sign and arguing that the minor plaintiff had a pre-existing hip injury and had been complaining of hip pain prior to the accident. The jury awarded the plaintiff $45,000 for compensatory pain and suffering.
• $9,200 Verdict (Montgomery County 2017 ). The plaintiff was awarded $9,200 for minor injuries incurred when she tripped and fell in a stairway that was poorly lit by the property owner.
• $11,400 Verdict (Baltimore County 2012): The plaintiff received $11,400 for minor physical injuries caused by a slip and fall on a wet floor with no warnings in the produce department of a grocery store.
• $20,000 Verdict (Howard County 2012): The plaintiff was awarded $20,000 for slipping and falling on the icy parking lot while walking into a Chick-fil-A in Columbia. The injuries, which included a concussion, could still be classified as minor.
• $153,000 Verdict (Frederick County 2007): The plaintiff was awarded $153,000 when she slipped and fell on a patch of ice at a shopping center in Frederick. The circumstances of her slip and fall were typical, but she fell awkwardly and sustained a permanent injury to her shoulder, requiring shoulder replacement surgery.
• $1.5 Million Verdict (Baltimore City 2007): The plaintiff was a doctor who slipped on a wet hospital floor, and the impact was particularly hard. The doctor suffered a stress fracture in one of his vertebrae that required three separate surgeries. The injury was permanent and effectively ended his career. The case was settled for $1.5 million.
• $9,000 Verdict (Anne Arundel County 2006): Plaintiff got $9,000 for a strained back and other minor injuries incurred when she slipped and fell on a cardboard box left in the middle of a hallway.
• $160,000 Verdict (P.G. County 2004): Plaintiff claimed she tripped over a waiter because the restaurant was poorly lit. The plaintiff’s injuries from the fall were significant as she broke her wrist and also fractured her hip. She was awarded $160,000.

Nature and Extent of Property Owner Liability

Even when a slip and fall results in serious injury, this second factor can render the case worthless. In most slip-and-fall lawsuits, the plaintiff must show that the property owner had actual or constructive knowledge of the hazardous condition to establish liability. For example, if a customer walks into a store and slips on a banana peel, the plaintiff would need to prove that (a) the store owner or employees actually knew about the banana peel or (b) that under the circumstances, the store owner or employees reasonably should have known about the banana peel. The case could be worth nothing if the plaintiff cannot provide notice.

Liability is much easier in cases where the property owner or its employees created the hazardous condition. The classic example is when an employee mops the storeroom floor. In this case, the plaintiff does not have to prove actual or constructive knowledge of the wet floor. The property owner made the floor wet, so knowledge is presumed.

An example can be found in an unreported Maryland appellate opinion from 2024.  In Cade v. Arrow Parking, the plaintiff tripped and fell while exiting an unleveled elevator in a parking garage located at 210 West Baltimore Street, Baltimore, Maryland, 21201.

Arrow Parking disputed these allegations and denied having notice, actual or constructive, that the elevator was un-leveled before the plaintiff’s fall.  Arrow Parking further contended that the plaintiff was contributorily negligent and that the un-leveling of the elevator was an open and obvious condition, such that Arrow Parking had no duty to warn the plaintiff.

The jury awarded the plaintiff over $1 million.

Slip and Fall Factors that Drive Settlement Amounts 

Slip and fall cases can be challenging to value, as the severity of the injuries and the impact on the victim’s life can vary widely from case to case. There are several factors that lawyers, insurance adjusters, and juries may consider when determining a settlement amount:

• Liability:  It every personal injury case, the first question is “Can you will the case?”  So if the property owner or operator is found negligent in maintaining the premises, they are liable for the victim’s injuries and damages. This is the key in any jurisdiction but particularly in Maryland, because Maryland has contributory negligence.  Contributory negligence is a legal doctrine that only a few states still have that bars a plaintiff from recovering damages if they are found to have contributed to their own injuries, even if the defendant was 99% negligent.
• Severity of Injuries: The extent of the victim’s injuries and their impact on their daily life will play a huge role in determining the settlement amount the defendant is responsible for. Factors such as the need for medical treatment, the duration of recovery, and the long-term impact on the victim’s quality of life can all be considered.
• Lost Wages: If the victim cannot work due to their injuries, they may be entitled to compensation for lost wages and future earning potential.
• Pain and Suffering: Slip and fall victims should also be compensated for physical pain, emotional distress, and other non-economic damages.

Jurisdiction Where Case is Filed

One more significant factor to consider in slip and fall settlement amounts: the jursidiction in Maryland where the claim will be heard. A review of the reported jury payouts and settlement amounts underscores that the value of a slip-and-fall case can often depend on what Maryland county the case is filed in. Slip and fall cases in plaintiff-friendly jurisdictions such as Baltimore City and Prince George’s County are consistently worth more than comparable cases in other counties.

For example, in the case of White v. Shoppers Food Warehouse Corporation, the plaintiff got $35,000 for minor injuries after slipping on a wet floor in the grocery store’s produce section. The facts and circumstances in White were virtually identical to another “produce section” slip case against Shoppers (Sharpe v. Shoppers Food Warehouse Corporation).

The plaintiff in Sharpe arguably had more severe injuries but only $11,400. The only apparent explanation is that Sharpe was in Baltimore County. The damages in White were awarded by a P.G. County jury. Another example of this is the case of Dunlin v. Two Farms Inc. In Dunlin, neither of the first two factors were particularly strong – the plaintiff’s injuries were comparatively minor, and the defendant claimed it placed adequate warning signs – but a jury in Baltimore City awarded $120,000 to the plaintiff.

Lawyers, insurance adjusters, and juries may use different methods to determine the settlement amount in slip-and-fall cases. When negotiating a settlement with the insurance company, lawyers may consider the victim’s medical expenses, lost wages, and other damages. Insurance adjusters may use formulas that consider the injuries’ severity and impact on the victim’s life. Juries may consider all these factors and more when determining a verdict in a slip-and-fall case. Ultimately, the settlement amount will depend on the specific circumstances of the case and the evidence presented by the victim and their legal team.

Getting a Lawyer for Your Claim

If you have a serious slip-and-fall injury case in Maryland, we can help you understand your options and the value of your claim. Call us at 800-553-8082 or get a free Internet consultation.

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