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Articles Posted in Relevant Personal Injury Case Law

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What Is Res Ipsa Loquitur and When Can It Be Used in Maryland Accident Cases?

There are certain personal injury cases where there is no specific evidence tying the defendant to the accident, but it is clear that the defendant caused the accident and should be held liable. In these instances, the doctrine of res ipsa loquitur can often be utilized. Res ipsa loquitur is…

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What Constitutes a Design Defect in a Maryland Product Liability Case?

Individuals pursuing a product liability case in Maryland courts can bring their claim under one or more of the three types of Maryland product liability claims: manufacturing defects, design defects, and warning defects. Under Maryland law, a design defect case considers whether a manufacturer knew the risks inherent in the…

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How Courts Deal with Obvious Hazards in Maryland Slip and Fall Cases

A state supreme court was recently tasked with deciding whether the owner of a church could be held liable after the plaintiff was injured on the stairs outside of the building. While Maryland landowners often have to warn visitors of any danger, they do not need to if the dangerous…

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How the Common Law Exception May Affect Maryland Medical Malpractice Claims

On this blog, we talk about a wide variety of Maryland accidents, including slip and falls, car accidents and medical malpractice cases. The general premise behind all Maryland personal injury lawsuits is the same: state law allows those injured due to someone else’s negligence to recover financially by bringing a…

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Limitations on a Maryland Landowners’ Liability During Recreational or Educational Activities

Generally, landowners owe a duty of care to people who come on their land, the extent of which depends on the relationship between the parties and the circumstances of the incident. Maryland’s Recreational Use Statute is an exception in that, when the statute applies, a landowner owes no duty of…

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The Use of Interrogatories in Maryland Accident Cases

Interrogatories are part of the discovery process in a civil case. An interrogatory is a series of written questions asked by one party to another, which must be answered in writing. In Maryland motor vehicle accident cases, any party may serve written interrogatories to another party. The receiving party must…

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Meeting the “Dangerous Condition” Element in Maryland Premises Liability Case

In a Maryland premises liability case based on a dangerous condition, a plaintiff must establish certain elements. Specifically, a plaintiff must prove 1.) that a dangerous condition existed on the defendant’s premises; 2.) the defendant had actual or constructive knowledge of the dangerous condition; 3.) the defendant owed a duty…

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When Can Maryland Independent Contractors Be Held Personally Liable?

When filing a legal claim against an independent contractor after a Maryland accident, an independent contractor may claim that they cannot be held independently liable. Maryland courts have recognized that there are times in which independent contractors are also agents of another, often reliving them of independent liability. However, that…

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Summary Judgment in Maryland Personal Injury Cases

Movies and television may have people believe that most civil lawsuits end in a dramatic trial. While this does sometimes happen, most Maryland personal injury lawsuits actually do not make it this far. Sometimes the parties settle with each other prior to trial, or sometimes a judge will find that…

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