Maryland Accident Law Blog

When Can Maryland Businesses Be Held Accountable for Hazards on Their Property?

December 17, 2020 | Lebowitz & Mzhen

If a person is injured on property owned by a business, the business might be liable for the person’s injuries, depending on the circumstances. Business owners owe customers and guests a duty to exercise ordinary care to keep the premises in a reasonably safe condition. To prevail on a Maryland premises liability claim, a plaintiff must prove that a dangerous condition existed on the defendant’s premises, the defendant had a duty to the plaintiff, the defendant had actual or constructive knowledge of the condition, the defendant’s knowledge existed for long enough that the defendant had the opportunity to remove it or to warn the plaintiff, and the defendant’s failure to act caused the plaintiff’s injury.

how Do You Prove a Maryland Premises Liability Lawsuit?

To successfully bring a premises liability claim, a plaintiff must demonstrate that a defective condition existed for long enough that the defendant had a duty to inspect to discover the defect and remedy it. The purpose of the requirement is to ensure that the dangerous condition existed for long enough that the defendant should have discovered it and to determine the amount of time the hazards were present between inspections.

Filing a Claim Against a Maryland Employer for Intentional Injuries

December 11, 2020 | Lebowitz & Mzhen

Workers’ compensation benefits are meant to provide benefits to injured workers in exchange for giving up the right to file a suit against their employer in court. The rule that recipients of workers’ compensation benefits cannot seek compensation elsewhere is known as the “exclusivity rule.”

Can You Sue Your Employer After a Workplace Injury?

In general, Maryland accident victims injured at work cannot file suit against their employers. However, there are some exceptions to the rule. Under Maryland law, if an employee is injured or killed because the employer had the deliberate intent to injure or kill the employee, the employee may still bring a claim for damages against the employer. In the event of an employee’s death in such a case, the employee’s surviving spouse, child, or dependent may bring a claim against the employer.

A state supreme court recently considered such a case in which the plaintiff argued that his claim fell under the deliberate injury exception to the exclusivity rule. The plaintiff was working on a commercial construction project. Workers used a crane to drill a 130-foot auger into the ground and were attempting to free the auger from hardening grout after prematurely starting to secure it. After unsuccessful attempts to free the auger, a supervisor ordered the crew to continue to try to free it by rocking it while pressuring the crane’s hoist cable. Eventually, the crane collapsed, causing the plaintiff’s leg to be crushed, requiring it to be amputated.

The Concept of Negligent Entrustment Under Maryland Law

December 4, 2020 | Lebowitz & Mzhen

Negligent entrustment is defined under Maryland law as supplying a “chattel” directly or through a third person for another person’s use who the supplier knows or should know will use it in a way that involves an unreasonable risk of physical harm to himself and others. The supplier is subject to liability for the physical harm resulting from the supplier’s negligent entrustment. In short, the supplier may be held liable because the supplier is or should be aware of the danger of entrusting the chattel to someone and aware of the foreseeability of harm.

A “chattel” is defined as personal property (not real property) that can be moved or transferred.

What Is Negligent Entrustment Under Maryland Law?

Under Maryland law, the elements of negligent entrustment are: (1) the supplier makes available a chattel to another person; (2) the supplier knows or should have known the receiver is likely to use the chattel in a manner involving risk of physical harm to others, and; (3) the supplier should expect others to be put in danger by its use. Maryland courts have explained that the supplier may need to inquire further in some cases, and the supplier may be liable in cases where the supplier failed to make a reasonable investigation.

Who Can Be Sued if a Maryland Worker Receives Workers’ Compensation?

November 25, 2020 | Lebowitz & Mzhen

In Maryland, the Workers’ Compensation Act (the Act) requires employers to pay benefits to employees that suffer an accidental injury at work. The benefits are issued to injured employees regardless of whether the employer was at fault for the employee’s injury. The benefits provided through the Act generally bar subsequent civil claims against employers through a rule known as the exclusivity rule. A recent case shows how a claim may even be barred against one entity after receiving workers’ compensation benefits from a separate entity.

In that case, the plaintiff suffered an injury while he was working as a foreman removing trees. He was working along with five employees at a job at a client’s house, and at one point, a vehicle known as a bucket truck rolled backward and pinned the plaintiff between it and a dump truck. As other employees apparently attempted to remove the truck, the truck was set in motion, causing the plaintiff further injury. The plaintiff suffered serious injuries as a result of the accident and was permanently disabled.

The plaintiff received workers’ compensation benefits from the insurance carrier for Mulch-N-More, a company that provided mulching services. The plaintiff then filed a complaint in court, alleging that another entity, Mike’s Professional Tree Service (MPTS), was negligent. MPTS was a separate, affiliated entity owned by the same person. MPTS claimed that the plaintiff could not file suit against MPTS because he had already received workers’ compensation benefits, and his claim was barred under the Act.

Can an Injured Maryland Worker File Suit After Receiving Workers’ Compensation Benefits?

November 24, 2020 | Lebowitz & Mzhen

Maryland’s Workers’ Compensation Act (the Act), first enacted in 1914, generally requires employers to pay workers’ compensation benefits to employees who suffer an accidental injury during the course of their employment, regardless of whether the employer was at fault. The Act is designed to ensure employees the right to quick compensation for their workplace injuries, while also taking away their rights to sue their employers for negligence. This means that a claimant can often not seek damages in a subsequent civil suit, though there are exceptions. In a recent opinion, a state court considered whether an employee could recover from a co-employee after settling her workers’ compensation claim.

The plaintiff was an employee at a human services agency. He was attacked by one of the company’s clients and filed a workers’ compensation claim for his injuries. The parties settled the claim. The plaintiff then filed suit in district court against her supervisor on a theory of gross negligence. The supervisor argued that he was protected under the settlement. The state’s supreme court explained that the state’s law allowed injured employees who had received workers’ compensation benefits to file claims against co-employees in the case of gross negligence. Thus the claim generally would have been permitted. However, the court agreed with the supervisor, finding that the language in the terms of the settlement extinguished the plaintiff’s gross negligence claim. The court found that the language in the settlement agreement was broad and released all employees of the employer for all liability. Thus, the court ruled against the employee and dismissed the case.

Filing Suit After a Maryland Workers’ Compensation Act Claim

Holding Insurers Accountable After a Maryland Accident

November 11, 2020 | Lebowitz & Mzhen

Under Maryland law, an insurance policy is governed by general contract principles and interpretation. In Maryland insurance disputes, courts are supposed to interpret the contract based on the parties’ intentions when the contract was drafted, and the contract must be considered a whole. In addition, the insurer has the burden to prove an exclusion from coverage.

What Are an Insurance Company's Obligations After an Accident?

Insurers are bound by the actions and representations of their agents. If an agent is an actual agent of an insurer, the agent is subject to the insurer’s right of control, the agent has a duty to act for the insurer’s benefit, and the agent holds the power to alter the legal relations of the insurer. In some cases, insurers can also be bound under the apparent-agency theory. In this situation, the insured must show that the insurer led him to believe that the apparent agent was an actual agent of the insurer, the belief was reasonable, and the insured relied upon the apparent agency.

Apportioning Fault in Maryland Strict Liability Cases

November 4, 2020 | Lebowitz & Mzhen

In Maryland injury cases based on a claim of strict liability, a defendant may claim that the plaintiff was also at fault for their injuries, raising the issue of contributory negligence. Maryland is among a small minority of states that follow the doctrine of contributory negligence, meaning that a plaintiff cannot recover if he is found to be even partially at fault.

What Is Maryland's Contributory Negligence Law?

Under Maryland law, contributory negligence of the consumer is not a defense in strict liability cases if the consumer’s negligence involves solely a failure to discover the product’s defect or to protect themselves from the possibility of such a defect. However, if the consumer’s contributory negligence concerns voluntarily and unreasonably confronting a known danger, that is a defense to strict liability.

How Maryland’s “Eggshell Rules” Impacts Car Accident Victim’s Damages

October 28, 2020 | Lebowitz & Mzhen

There are instances where a Maryland injury victim has a condition that may increase the severity of damages after an accident. The law frequently refers to these individuals as “eggshell plaintiffs.” The colloquial term “eggshell plaintiff” derives from comparing a person with a typical skull to one with a fragile skull. The theory being that if a defendant causes injuries to a plaintiff with an “eggshell” skull, the defendant would still be liable, even though the plaintiff’s skull was especially vulnerable, compared to that of the average population. In essence, these individuals possess an underlying or complicating health condition that makes a recovery from an accident more difficult.

In many cases, these plaintiffs suffer more significant injuries and damages. However, under Maryland law, a defendant must take the plaintiff or injury victim as they find them. The at-fault party is liable for whatever harm they cause, regardless of what the plaintiff suffered from before the act. Although the law requires defendants to “take plaintiffs as they are,” insurance companies continue to deny claims, often arguing that the accident victim’s injuries are related to a pre-existing condition and not the triggering event. Despite insurance companies’ reluctance to adopt this idea, this principle applies to victims with pre-existing conditions, as well.

For example, a recent national news report described an incident where a teen died after COVID-19 complicated his car accident recovery. According to reports, the 17-year-old suffered multiple fractures and other injuries in a car accident. However, medical reports indicate that the teenager also tested positive for COVID-19, the coronavirus. The virus left the teenager with weakness in his lungs, which prevented him from fully recovering from the car accident. Although details of the crash are still under investigation, doctors indicated that the teenager succumbed to the injuries he sustained in the car accident.

City and County Liability Related to Accidents Occurring in Maryland Public Parks

October 23, 2020 | Lebowitz & Mzhen

If an individual is injured at a public park in Maryland, the individual’s negligence claim may be barred under governmental immunity. In state parks (owned and operated by the State of Maryland), the state is often protected under sovereign immunity. In county and city parks (owned and operated by a country or a municipality), local governments may similarly be protected under governmental immunity. Yet, the governmental immunity that protects cities and counties is more limited than the state’s sovereign immunity. In cases involving local governments, they are only immune from a civil suit if the conduct at issue is categorized as “governmental.” If the case is based on activity by a local government, it is only immune if the conduct at issue is “private,” “corporate,” or “proprietary.”

In general, Maryland courts have found that governmental activities are solely for the public’s benefit, sanctioned by the legislature, and do not involve private interest. Courts have also found that the difference between governmental activities and proprietary activities are activities that are performed for the common good as opposed to activities that are carried out for the benefit or profit of a corporation. In practice, the line between governmental and proprietary activities is not always clear cut, and often depends on the factual circumstances of the individual case.

In a recent state appellate case, the court considered whether the county was immune from suit for an allegedly dangerous condition on a park trail. In that case, there was a trail located within a park that was owned and operated by the county. There had previously been a wooden lodge pole fence in the park that ran across one-half of the trail loops, which cyclists had to maneuver around. The plaintiff had ridden his bike on the trail several times before his accident and knew that the fence was there.

Maryland Court of Appeals Clarifies Evidentiary Standard for Non-Party Negligence in Medical Malpractice Suits

October 14, 2020 | Lebowitz & Mzhen

Recently, the Court of Appeals of Maryland decided a case concerning non-party negligence in a Maryland medical malpractice case. Maryland state law allows those injured by a doctor or other health care professional’s negligence to file a medical malpractice suit against the negligent party to recover for their injuries. Sometimes, when defending against that claim, the defendant will attempt to argue that they were not negligent, but that someone else—a non-party in the case—was negligent, and they caused the injuries.

The recent case provides such an example. According to the court’s written opinion, the plaintiff was found to have a renal tumor in his kidney and an adjacent enlarged lymph node. His urologist removed the cancerous kidney, but did not remove the lymph node because it was thought that it could not be removed safely. The plaintiff’s oncologist also did not think the lymph node could be removed, even though it was likely cancerous. The oncologist treated the plaintiff with a chemotherapy drug instead for several years, and the lymph node shrunk (confirming it was cancerous). During this treatment, a radiologist interpreted various scans of the plaintiff’s lymph node, but never noted any issue of enlargement. However, the original radiologist and another radiologist did note that the scans of the lymph node were not always performed with the best technology, meaning sometimes they were difficult to interpret.

Tragically, it turns out that the lymph node—still cancerous—had increased in size over the years. At this point, it was definitely too big to remove, and the plaintiff underwent cancer treatment. The plaintiff filed suit against the radiologists, alleging that they failed to alert his oncologist of the lymph node’s growth. Had they done so, the plaintiff argues, the oncologist could have removed it safely before it grew too large.