Slip and Fall

Maryland Parking Lot Slip-and-Fall Accidents

July 25, 2019 | Lebowitz & Mzhen

Parking lots are riddled with potential hazards, from potholes, to shopping carts, to inattentive drivers. It is not surprising, then, that there are thousands of people who are injured in Maryland parking lots each year. A significant number of these injuries are the result of slip-and-fall accidents. Recently, a state appellate court issued a written opinion in a premises liability lawsuit arising out of a parking lot trip-and-fall.

As the court described the facts leading up to the filing of the case, the plaintiff was injured while she was returning a cart after shopping at the defendant grocery store. The plaintiff finished shopping and entered the shopping cart corral without issue, however, as the plaintiff was leaving the corral, she tripped on a raised crossbar connecting the ends of the corral. Evidently, the corral was hit by a delivery truck several months prior to the plaintiff’s accident, which bent the frame of the corral. As a result, the crossbar of the corral lifted off the ground by a little over an inch. It was this raised crossbar that caused the plaintiff to trip and fall.

The plaintiff initiated a premises liability lawsuit against the defendant. In response, the defendant argued that the plaintiff should not be permitted to recover for her injuries because the hazard that caused her injury, the raised crossbar, was open and obvious. The defendant explained that it had called to have the crossbar fixed, but hadn’t scheduled a day to have the repair completed. The defendant also noted that the plaintiff was able to safely enter the corral, suggesting she knew that the crossbar posed a potential hazard. The lower court agreed, and dismissed the plaintiff’s case. The plaintiff appealed.

Filing a Maryland Personal Injury Complaint

June 19, 2019 | Lebowitz & Mzhen

When an accident victim wants to initiate a Maryland personal injury case, they must file a complaint. A complaint is a legal document that commences a lawsuit. In Maryland, a complaint must contain the legal justification for the plaintiff’s claim, including the essential facts and legal justification for what the plaintiff requests. Additionally, Maryland law requires that a plaintiff identify each party by name, rather than file the claim against a “John Doe” defendant.

One of the most important aspects of the complaint is the legal justification for the plaintiff’s claim, including the statement of facts that support the plaintiff’s justification. While the federal system allows for the more relaxed form of notice-pleading, Maryland is a fact-pleading jurisdiction. In Maryland, a plaintiff must present a “simple, concise, and direct” explanation of their claim.

If a plaintiff fails to properly plead their complaint, the defendant can move to dismiss the case. A recent case illustrates the importance of correctly pleading a case.

A Look at Maryland Premises Liability: Business Owners’ Duty to Customers

June 12, 2019 | Lebowitz & Mzhen

All Maryland landowners owe a duty to those whom they invite onto their property. The extent of the duty owed to guests depends on the relationship between the parties. Maryland business owners owe the highest duty to their customers and other visitors who are on their property to conduct business. If a company fails to provide for the safety of its customers, it may be held liable for any injuries through a Maryland premises liability lawsuit. A recent state appellate decision discusses the duty business owners owe to their customers.

The case arose when the plaintiff was injured while shopping for a gift at a large exposition center. Evidently, the center required shoppers obtain a security badge and go through a security gate before entering. The plaintiff and her husband were issued a security badge and were approaching the security gate when the plaintiff tripped and fell on a rubber mat that was underneath the security desk. The plaintiff later testified that she did not see the mat before her fall.

A security guard that worked for a company that was hired to provide security services for the expo center was sitting at the desk when the plaintiff fell. The guard testified that she saw the plaintiff approach with a limp, but did not see her fall. Photographs taken shortly after the plaintiff’s fall showed that the rubber mat was slightly curled up at the edges.

Maryland Swimming Pool Accidents

April 26, 2019 | Lebowitz & Mzhen

As summer approaches, those who have swimming pools on their property will soon be getting the pool ready for the hot Maryland summer. While swimming is an important skill for children to learn, and can be an excellent way for older people to engage in a low-impact workout, both of these groups are at a high risk of drowning. Understanding this reality, Maryland lawmakers have heavily regulated the placement and operation of swimming pools in hopes of reducing the number of Maryland swimming pool accidents.

The most common cause of accidental drowning deaths in Maryland swimming pools is a lack of adult supervision. Most of these tragic accidents occur when a child has been unsupervised for less than five minutes. Thus, while supervision is the best preventative measure, additional safety precautions must also be taken.

Under Maryland’s swimming pool regulations, pool owners must obtain a permit to construct, alter, or replace a residential pool. The permit application requires prospective pool owners to obtain detailed plans of the pool, and comply with certain safety features. One of the most important requirements is that the pool is surrounded by a fence that is at least six feet tall and has no opening, other than through an open door, greater than four inches. Interestingly, however, a ladder to get out of the pool is not required under Maryland Code.

How Maryland’s Recreational Use Statute Can Affect an Accident Victim’s Case

April 11, 2019 | Lebowitz & Mzhen

Frequently, this blog discusses cases in which a defendant landowner faces liability for injuries that occur on their property. These cases, referred to as Maryland premises liability cases, are brought under the general theory of negligence. Thus, to succeed in a Maryland premises liability case, an accident victim must show that the defendant was somehow negligent and that the defendant’s negligence was the cause of their injuries.

While the general rule states that a landowner is liable for a guest’s injuries that were the result of the landowner’s negligence, the Maryland recreational use statute provides landowners immunity in certain limited situations. Under Maryland Code section 5-1104, a landowner who permits others to use their property for “any recreational or educational” purpose without charging a fee is not liable for guest’s injuries. This applies to both public and private landowners. The law’s stated purpose is to “encourage any owner of land to make [their property] available to the public for any recreational and educational purpose by limiting the owner’s liability.”

The recreational use statute does not afford protection to landowners who willfully or maliciously failed to guard or warn against a dangerous condition. A recent state appellate opinion illustrates how courts interpret recreational use statutes, as well as the “willful or malicious” exception.

Common Defenses to a Maryland Premises Liability Claim

April 5, 2019 | Lebowitz & Mzhen

It has often been said that the best offense is a good defense. Thus, it is essential for those who have been injured in a Maryland slip-and-fall accident to understand the common ways that a defendant will try to defeat a plaintiff’s claim. There are two basic arguments that Maryland premises liability defendants use to evade accountability.

At its most basic, a Maryland premises liability claim requires the plaintiff to establish that the defendant landowner was negligent in the maintenance of their property. It may be that a landowner failed to warn visitors of a known hazard or that the landowner failed to remedy a hazard that, given the circumstances, the landowner should have known about. In either case, to prove a landowner’s negligence, the plaintiff must show that the defendant landowner knew or should have known about the hazard.

One common tactic is for a defendant landowner to argue that he did not have knowledge of the hazard. Importantly, Maryland premises liability law does not require a plaintiff to prove that a landowner had actual knowledge of a hazard. Indeed, most Maryland slip-and-fall cases proceed on the theory that the landowner had constructive knowledge of the hazard.

Contributory Negligence in Maryland Premises Liability Cases

February 18, 2019 | Lebowitz & Mzhen

As we have discussed in other posts, the legal doctrine of contributory negligence precludes personal injury victims who are found to be partially at fault for their injuries from pursuing a claim of financial compensation. While Maryland’s contributory negligence law, in most people’s eyes, is outdated and overly harsh, for now, it governs how courts determine liability in Maryland personal injury accidents.

Contributory negligence is often discussed in the context of auto accidents. However, the doctrine also applies in Maryland slip-and-fall cases. A recent state appellate decision illustrates why contributory negligence is so harmful to Maryland premises liability plaintiffs.

The Facts of the Case

According to the court’s opinion, the plaintiff owned property in the defendant condo complex. One day, the plaintiff was walking along a sidewalk in the complex when she tripped on a section of uneven cement. The plaintiff frequented the area where she fell. Evidently, the cement area had been marked by complex management with blue dots, indicating it to be an area that needed to be repaired.

Adverse Inference Instructions in Maryland Personal Injury Cases

February 11, 2019 | Lebowitz & Mzhen

A common concern in many Maryland personal injury cases is the spoliation of evidence. Spoliation refers to the “destruction, mutilation, or alteration” of evidence by a party who is involved in the case. Typically, spoliation occurs when a party is in possession of evidence that the party believes is unfavorable to their case (and thus, favorable to the opposing party).

When it comes to the destruction of evidence, Maryland courts operate by the maxim “Omnia praesumuntur contra spoliatem” which translates to “all things are presumed against the spoliator.” Thus, courts can impose a variety of sanctions against a party who is found to have spoliated evidence. To do so, the party seeking the imposition of a sanction must establish the four elements of a spoliation claim:

The other party destroyed, mutilated, or altered the evidence;
The fact that the evidence was discoverable;
The intent to destroy the evidence; and
The evidence was destroyed at a time after a case had been filed or when the destroying party knew that a case was imminent.

The Issue of Government Immunity in Maryland Personal Injury Cases

January 16, 2019 | Lebowitz & Mzhen

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 important considerations after a Maryland accident is whether any of the defendants are government employees and, if so, whether they may be entitled to immunity.

Under Maryland case law, government agencies are entitled to immunity when carrying out discretionary duties. A discretionary duty, as the name implies, is one which involves the exercise of discretion. If an act is not discretionary, it is ministerial, meaning that it does not require the judgment of a government employee. A recent case illustrates how courts approach the distinction between ministerial and discretionary acts.

The Facts of the Case

According to the court’s opinion, a young girl was planning on attending a field trip to a pool that was located in a government-owned park. Because the young girl could not swim, her mother spoke with the playground coordinator, who reassured her that the girl’s ability would be assessed in the shallow end of the pool. The mother agreed to let her daughter go on the field trip. Tragically, however, the young girl drowned in the pool as staff members were changing in the locker room.

Employee’s Slip-and-Fall Case Permitted to Proceed Against Parking Lot Maintenance Company

December 3, 2018 | Lebowitz & Mzhen

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

According to the court’s written opinion, the plaintiff was an employee at a restaurant. While working, the employee was asked to empty a grease trap into a dumpster in the rear of the restaurant. While the plaintiff was walking the trap back to the dumpster, he stepped in an open water meter, causing him to spill hot oil on himself.

The plaintiff initially named his employer and several related parties (the employers) in his lawsuit. In response, those parties named the defendant maintenance company (the defendant) in a third-party complaint. The employers argued that the defendant was liable for the plaintiff’s injuries under a contract the defendant had to perform maintenance of the parking lot area. The plaintiff then named the defendant in his lawsuit, as well.