Maryland Accident Law Blog

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.

A Maryland Landlord’s Duty to Protect Tenants

March 25, 2019 | Lebowitz & Mzhen

A Maryland landlord cannot ensure the safety of its residents, but it does have a duty to take reasonable security measures. In a recent case before a state appellate court, the court considered the extent of a condominium’s responsibility to protect its residents.

The Facts

According to the court’s opinion, the plaintiff was a new resident at a condo in downtown Atlanta. The declarations for the condominium stated that it was not responsible for providing security to residents. However, the plaintiff claimed the association provided what he considered to be security measures, such as security gates, and that these features contributed to him deciding to purchase the property.

Evidently, a security gate outside the property required a key fob for access, which he was told would be provided by the defendant property management company. More than two weeks after closing on the property, he was given a fob, but he could not get the fob to open the vehicle-access gate. The plaintiff contacted the company on multiple occasions. As he was attempting to resolve the issue with the key fob, about a month after he moved in, he was the victim of a violent attack on the sidewalk outside of his condominium complex. He had arrived home around 2:00 a.m. with his girlfriend, and after not being able to enter through the gate, and decided to park on the street. He got out of his car, and was stabbed three times in an attempted robbery.

Does Round-Up Weed Killer Pose a Cancer-Risk to Maryland Users?

March 15, 2019 | Lebowitz & Mzhen

There are many different types of Maryland product liability cases. Some product liability cases involve manufacturing mistakes while others are based on the defective design of a product or that it is unreasonably dangerous. Recently, the manufacturer of Round-Up weed killer has been in the hot seat after thousands of frequent users of the product have developed a specific type of cancer. While the manufacturer of the product claims that the product is safe, others argue that high levels of exposure can result in users developing non-Hodgkin’s lymphoma.

Currently, a jury is considering phase one of a bellwether trial in San Francisco. A bellwether trial is the first case to proceed to trial that presents an issue that is also presented by many other pending lawsuits that have been filed by plaintiffs who are making similar claims. Thus, the result of a bellwether trial can be incredibly important to how the other subsequent lawsuits proceed. For example, if a judge decides a specific pre-trial motion in favor of the plaintiff, the defendant may be more willing to settle the subsequent cases.

According to a recent news report, the case involves a man who developed non-Hodgkin’s lymphoma after using Round-Up over 300 times in his 26-year career. The man claims that his use of Round-Up throughout his career was a “substantial factor” in causing his cancer. In addition, the plaintiff claims that the manufacturer of the product attempted to influence the public’s perception of the product’s safety by influencing scientists and regulators.

Maryland Slip-and-Fall Accidents Occurring on City Property

March 8, 2019 | Lebowitz & Mzhen

Local governments, like other property owners, have an obligation to keep public spaces safe for visitors. While the procedures involved in filing a case against a government are slightly different from those required in a Maryland premises liability lawsuit against a private individual or corporation, in each of these situations a plaintiff must be able to prove that the landowner’s negligence in maintaining their property resulted in the plaintiff’s injuries.

To prove that a landowner was negligent, a plaintiff must first show that the landowner knew of the hazard that caused their injuries. Once the defendant’s knowledge is established, the plaintiff must show that the landowner was somehow negligent in failing to remedy the hazard or warn of the hazard’s existence. Finally, a plaintiff must prove that their injuries were the result of the landowner’s negligence. This is referred to as “causation.” In a recent case involving a slip-and-fall injury that occurred at a cemetery, the court discussed the plaintiff’s burden to prove causation.

The Facts of the Case

According to the court’s opinion, the plaintiff was visiting the gravesites of several family members in a cemetery that was owned by the defendant city when he stepped in a hole that was covered by grass. Evidently, the hole was deep enough such that the plaintiff fell down to his knee, folded over at the waist, and struck his head against the ground.

Court Issues Important Decision for Maryland Accident Victims with Claims Against the Federal Government

March 1, 2019 | Lebowitz & Mzhen

Although the concept of sovereign immunity is not mentioned anywhere in the U.S. Constitution or the Bill of Rights, courts have long held that the U.S. government is immune from liability without its consent. Under the Federal Tort Claims Act (FTCA), however, those who have been injured as a result of the conduct of a federal employee or agency may be able to pursue a claim for compensation.

The FTCA provides a strict set of procedural rules that must be followed in order for a case to be heard by a federal court. If an injury victim misses a deadline or otherwise fails to comply with one of the FTCA’s requirements, their claim will likely be dismissed. Thus, it is crucial for Maryland injury victims bringing claims under the FTCA to understand all of the requirements the FTCA imposes. A recent federal appellate opinion discusses the statute of limitations in FTCA claims.

The Facts of the Case

According to the court’s written opinion, in 2005, when the plaintiff was just five years old, when his father died in an auto accident. The accident occurred on an interstate highway. Because the plaintiff was only five years old at the time, the plaintiff’s mother filed a claim against the Federal Highway Administration (FHWA). The claim alleged that a highway barrier failed during the accident, resulting in the plaintiff’s father’s death.

Can Parents Recover for Injuries to Trespassing Children Under the Attractive Nuisance Doctrine?

February 25, 2019 | Lebowitz & Mzhen

Maryland landowners owe a duty of care to those who are on their property. The extent of the duty that a landowner owes to a visitor depends on several factors: primarily, whether the visitor was welcomed onto the land by the landowner and the purpose of the visit.

In Maryland, there are three classes of visitors: trespassers, licensees, and invitees. A trespasser accesses another’s property without permission. A licensee is most commonly a social guest. And finally, an invitee is someone who is on a property for business purposes, such as a customer. Not surprisingly, a landowner owes a trespasser less of a duty than she owes a licensee or an invitee. In fact, in Maryland, a landowner owes a trespasser no affirmative duty of care, and must only refrain from willfully causing them injury.

When it comes to trespassing children, however, many courts across the United States apply the attractive nuisance doctrine. The attractive nuisance doctrine allows for a landowner to be held liable for injuries that are caused to a child by some aspect of the landowner’s property that attracted the child onto the land. Typically, the landowner must know the danger as well as the fact that children may have access to their property. In addition, courts require that the child’s age be such that it prevented them from fully understanding the risk of entering the property.

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.

Maryland Appellate Court Rejects Defendant’s Appeal Based on Allegedly Misleading Jury Instruction

February 4, 2019 | Lebowitz & Mzhen

Among a judge’s many roles is the responsibility to instruct the jury on the applicable law of the case. Generally speaking, a judge has discretion in how the jury is instructed; however, a judge’s instructions must accurately state the law. A recent Maryland medical malpractice case presented to the Maryland Court of Appeals illustrates the broad discretion trial judges have when deciding how to instruct the jury.

The Facts of the Case

According to the court’s opinion, the plaintiff visited the defendant doctor, complaining of numbness in two of his fingers. The doctor recommended surgery, and the plaintiff agreed. The defendant doctor performed the surgery, however, afterward the plaintiff developed a serious infection at the surgical site. The infection resulted in long-term pain and a reduced range-of-motion.

The plaintiff filed a medical malpractice lawsuit against the defendant doctor. After the conclusion of both party’s evidence, the trial judge instructed the jury on several issues, including the law governing the plaintiff’s medical malpractice claims against the defendant. The court began by providing the jury with the general negligence instructions, and the followed with the more specific medical malpractice instructions on the issue of informed consent. The defendant objected to the judge providing the general negligence instructions, arguing that it only misled the jury because the plaintiff’s case was not based on a theory of traditional negligence.

Design Defect Product Liability Claims in Maryland

January 23, 2019 | Lebowitz & Mzhen

In Maryland product liability cases, courts will apply one of two tests to determine if the manufacturer can be held liable for the plaintiff’s injuries. Where a product is alleged to have a malfunction, courts will apply the “risk-utility” test. However, when there is no allegation that the product malfunctioned in any way, courts will apply the “consumer expectations” test.

Under a risk-utility analysis, courts consider whether the danger presented by the product is outweighed by its utility. A recent opinion issued by a state appellate court illustrates the application of the risk-utility test.

The Facts of the Case

According to the court’s written opinion, the plaintiff purchased a heating pad that was manufactured by the defendant. The plaintiff was using the heating pad as she was lying in bed, and fell asleep while the pad was on. About 90 minutes later, the plaintiff’s roommate came into the plaintiff’s room after noticing a strange smell. As it turns out, the heating pad had burned into the sheets and mattress, ultimately burning the house down. The Fire Chief determined that the heating pad was the cause of the fire.