In Maryland, plaintiffs in personal injury cases need to prove four things to be successful: the defendant had a duty of care; the defendant breached that duty through an act or an omission; the defendant’s breach was the proximate cause of the plaintiff’s injuries; and real damages were sustained. These cases, also called tort cases, are separate from contract cases, in which a party can sue another party for breaching a contract. Sometimes, however, a Maryland resident is injured because of the negligent actions of another person, with whom they contracted. This area of law can become difficult to figure out.
For example, take the facts of a recent appellate case. According to the court’s written opinion, the plaintiffs, a couple, entered into a construction contract in 2009 with the defendant contractor to build a new house. Shortly after the house was finished, the plaintiffs discovered leaks in the doors, which allowed rainwater to get into the house. The contractors fixed the leaks as they were discovered but did not look for mold. Four years later, the plaintiffs and their four children, living in the house, experienced medical symptoms and brought in an inspector, who discovered mold in the basement below where the leaks had occurred. In addition, the doors were still leaking. The contractor tried but failed to fix these leaks and remediate the mold, applying anti-microbial solution and attempting to clean mold where it was found, but it did not look for additional mold. Later, mold was discovered in the drywall of the house, and the contractor again attempted to deal with it, although the mold continued to grow. Finally, the plaintiffs and their children abandoned the home due to the mold and the resulting medical symptoms and sued the contractor in tort for the injuries that they sustained.
Maryland law allows plaintiffs to bring tort claims against defendants with which they contracted, as long as the damages sustained are not purely economic and based upon contractual duties. For example, the plaintiffs could not bring a tort claim against the defendant contractor for failing to build the fence properly and ask for damages in the amount that it would cost to fix the fence. That case would have to be handled through a contract claim because the damages are purely economic and only come from the contract in which the defendant agreed to fix the fence. In contrast, the plaintiffs here would be able to bring suit because they suffered real medical injuries and symptoms from the mold, and the defendants were negligent in failing to find and clean the mold.