Maryland personal injury lawsuits, although often complicated, boil down to four simple elements. In order to be successful, the plaintiff must prove (1) the defendant owed them a duty; (2) the defendant breached that duty; (3) the breach caused the plaintiff’s injuries; and (4) the plaintiff suffered real damages as a result. In some cases, the first two of these elements can be established just by the existence of a statute and the defendant’s violation of that statute. When this happens, the claim is considered negligence per se, and the plaintiff then only really has to establish two of the elements, instead of four.
A state appellate court recently considered a negligence per se claim in a wrongful death suit. According to the court’s written opinion, the deceased was driving his four-wheeler on another’s property, and the owner had given him permission to be there. While driving, one of the vehicle’s wheels fell into a well that was hidden from view by vegetation. This caused the vehicle to turn over, and the driver fell into the well and tragically died.
The deceased’s wife, the plaintiff in this case, brought a negligence action against a forestry service who had done work on the property, alleging that they were negligent in failing to report the open well to the property owner. The plaintiff pointed to a state statute that required anyone aware of “an open abandoned well or hole” located on “public or private property” to the governing authority. According to the plaintiff, this statute created a duty, and the defendant’s failure to report the well-constituted a breach of that duty, satisfying two of the required elements in a negligence suit.