The Maryland Tort Claims Act (MTCA) allows for certain Maryland personal injury cases to be filed against the state and local governments. However, under the MTCA, cases that name government employees or agencies as defendants are subject to additional procedural requirements. Under Maryland Code section 12-106, an injury victim must…
Historically, governments have enjoyed immunity from lawsuits brought by citizens seeking compensation for injuries that were due to the negligence of a government agency or employee. However, over the years, states have passed a variety of laws permitting victims to pursue a claim of compensation against various government entities. These…
When someone is injured in a Maryland slip-and-fall accident occurring on government property, or any other accident involving a government defendant, the accident victim may be entitled to monetary compensation for their injuries. However, when naming a government employee or agency as a defendant, the plaintiff must take additional steps…
As a general rule, state actors, including employees and state-run agencies, are entitled to official government immunity when it comes to personal injury lawsuits. However, each state is free to enact certain exceptions for when an accident victim is able to pursue a claim for compensation against a state actor.…
Recently, a state court issued a written opinion in a personal injury case involving a young man who was seriously injured while hiking in a city-owned park after hours. The case required the court to determine if the city was entitled to government immunity regarding the plaintiff’s claim that the…
Maryland has a diverse and unique landscape, providing ample opportunity for Marylanders to get outside and engage in the hobbies they enjoy. Whether it’s crabbing on the Chesapeake, fossil hunting in Calvert Cliffs, mountain biking, rock climbing, or kayaking, there is always something to do in Maryland. Each of these…
Earlier this month, an appellate court in Nevada issued an opinion in a personal injury case involving a student who was injured while playing floor hockey in gym class. The case presents important issues involving governmental immunity that may come into play in similar Maryland personal injury cases. The Facts…
Earlier this month, an appellate court in California issued a written opinion in a premises liability case in which the plaintiff was injured by a falling tree branch while visiting a public marine park. The court was tasked with determining whether the plaintiff’s claim was barred by the trail immunity,…
When a party files a personal injury case against a defendant, the defendant has the opportunity to argue one or more defenses in hopes of escaping liability. In some cases, the ultimate determination comes down to which witness is more believable. However, in other cases, the facts are not necessarily…
Earlier this month, an appellate court in Georgia issued a written opinion in a wrongful death case brought by the parents of a boy who died while in the defendant teacher’s classroom. In the case, Barnett v. Atlanta Independent School System, the court held that a teacher’s decision on how…