In Maryland product liability cases, courts will apply one of two tests to determine if the manufacturer can be held liable for the plaintiff’s injuries. Where a product is alleged to have a malfunction, courts will apply the “risk-utility” test. However, when there is no allegation that the product malfunctioned…
Whenever someone is injured due to the negligence of another person or entity, the injured party is entitled to pursue a claim for compensation through a Maryland personal injury lawsuit. However, based on longstanding constitutional principles, government agencies enjoy immunity from some of these lawsuits. Thus, one of the most…
Causation is an essential part of any Maryland accident case, and in a recent case before a federal appeals court, the court considered whether Apple could be held liable for allegedly causing a devastating car crash. These types of issues can happen in Maryland too. If you have questions, reach…
Most people have signed a liability release waiver at some point. Often, release waivers are included on the back of concert or sporting event tickets. While the language in these agreements may not be clear to the reader, they are generally enforceable and can prevent an accident victim from holding…
Each year, there are thousands of Maryland sports injuries, ranging from the relatively minor to the life-threatening. For the most part, when someone decides to take up a sport, they should know that certain risks are inherent in the sport. However, at the same time, participants should also be able…
Recently, a state appellate court issued an opinion in a personal injury case discussing whether a plaintiff’s case against a public university should proceed toward trial. The case presents interesting issues that frequently arise in Maryland premises liability cases. Specifically, the duty a school owes to its students. Ultimately, the…
In Maryland, landowners owe a duty of care to those whom they invite onto their property. Generally, a property owner must take care to remedy known hazards on their property. Of course, a plaintiff’s own negligence can act to defeat their claim against a landowner, if the plaintiff fails to…
Recently, a state appellate court issued an opinion in a personal injury case raising an interesting issue that all Maryland slip-and-fall injury victims should be aware of. The case discussed the potential liability of third-parties who may not initially be thought of as responsible parties. The Facts of the Case…
Recently, a state appellate court issued an opinion in a case illustrating the importance of meticulously following the procedural requirements of a Maryland medical malpractice lawsuit. Specifically, the case involved a plaintiff’s failure to provide sworn expert testimony. The Facts of the Case According to the court’s recitation of the…
Earlier this month, a state appellate court issued an opinion in a personal injury case discussing several important issues that frequently arise in Maryland product liability cases. The case required the court to determine if the plaintiff’s misuse of the defendant’s product constituted a complete defense to the plaintiff’s claim.…