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Maryland Accident Law Blog

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Court Permits Medical Malpractice Case to Proceed Despite Lack of Expert Affidavit

Under Maryland Courts and Judicial Proceedings Section 3-2C-02, a Maryland medical malpractice claim “shall be dismissed … if the claimant fails to file a certificate of a qualified expert with the court.” This requirement was initially implemented to deter the filing of frivolous medical malpractice lawsuits and to ensure that…

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Court Discusses Property Owner’s Non-Delegable Duty to Keep Area Safe in Recent Premises Liability Case

Recently, a state appellate court issued an opinion in a personal injury case discussing whether the defendant, the owner of a car repair shop, could be held liable for the plaintiff’s injuries. The court ultimately concluded that the defendant’s duty to maintain the shop in a reasonably safe condition was…

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Plaintiff’s Case Permitted to Proceed Despite a Failure to Preserve Relevant Evidence

Recently, a state appellate court issued a written opinion in a personal injury case dealing with the spoliation doctrine, which allows for a court to impose sanctions against a party who fails to preserve relevant evidence. The case presents an interesting issue for Maryland car accident victims in that it…

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Court Considers Whether Construction Loaders Are “Dangerous Instrumentalities”

Earlier this month, a state appellate court issued an opinion in a personal injury case brought by a man whose finger was severed while working with a construction loader. The lawsuit was filed against the company that leased the loader to his employer and required the court to determine whether…

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Maryland Does Not Allow Dram Shop or Social Host Liability

When someone is injured in a Maryland DUI accident, it is conceivable that there are multiple liable parties. Of course, the motorist who was driving drunk is the most obvious party; however, it would seem logical that the individual or establishment that overserved the intoxicated driver also bears some responsibility.…

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Court Rejects Government’s Claim of Immunity in Recent Police-Chase Accident

Recently, an appellate court issued a written opinion in a car accident case raising an important issue that comes up regularly in Maryland personal injury cases that are filed against a government agency or official. Specifically, the case presented the court with the opportunity to discuss whether a police officer’s…

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Court Permits Maintenance Worker’s Case Against Casino to Proceed Toward Trial in Recent Premises Liability Lawsuit

Recently, a federal appellate court issued a written opinion in a personal injury case discussing whether a casino could be held liable for the injuries sustained by an independent contractor when he fell from a ladder while working on the building’s roof. Ultimately, the court concluded that the plaintiff presented…

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Court Discusses Proximate Cause in Recent Food-Poisoning Product Liability Case

Recently, a state appellate court issued a written opinion in a personal injury case discussing an important issue that frequently comes up in Maryland product liability cases involving defective or unsafe food products. The case required the court to determine the appropriate standard by which a plaintiff’s food-poisoning case is…

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Slip-and-Fall Accidents at Maryland Retail Stores and Shopping Centers

As a general rule, the law requires that all land owners maintain their property in a reasonably safe condition, and warn their guests about hazards that may not be evident. Under Maryland premises liability law, the duty a landowner owes her guest depends on several circumstances; however, Maryland businesses owe…

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