By order of the Supreme Court, there is no turning back now: from now on it will be much harder to sue the city over damage to your home

The Maryland Supreme Court ruled that it will be much harder to sue the city of Baltimore for home damage caused by sewage backups. The state’s highest court overturned a verdict that had favored an affected family.

The ruling, issued last week by a 5-2 majority, established that it is no longer enough to prove the damage suffered. Now anyone filing suit must show wrongdoing by the municipality.

What changed with the Maryland Supreme Court ruling?

Until now, residents could claim private nuisance by simply showing that the damage occurred, without proving negligence. The state’s highest court eliminated that standard.

Justice Brynja Booth, author of the majority opinion, explained that the claim must show a “continuous or recurring” invasion, not an isolated incident.

The new requirements for successfully suing include:

• Proving intentional, negligent, reckless, or abnormally dangerous conduct by the city.
• Showing that the backup was continuous or recurring, not a one-time event.
• Establishing liability beyond the material damage suffered.

How does this decision affect Baltimore residents?

The case that led to the ruling involved a Baltimore family whose basement was flooded with sewage for 17 hours in December 2019. A jury had awarded them more than 18,000 dollars.

The Maryland Supreme Court concluded that that episode did not meet the new standard of “continuity” and ordered the ruling in favor of the city reversed, without a new trial.

For residents, this means that a single incident - no matter how serious - no longer guarantees automatic compensation from the municipality.