When someone is injured in a Maryland accident, state law allows them to file a civil lawsuit against the responsible party. In order to be successful in a negligence claim of this type, the plaintiff must prove four things. First, the defendant owed a duty of care toward the plaintiff to act in a way to protect them from harm. Second, the defendant breached this standard. Third, the breach was the proximate cause of the injury. Finally, the plaintiff was injured and suffered actual harm as a result. In a straightforward negligence case, proving these four things will be enough for victory. However, many negligence cases get complicated, and there are some common barriers that bar plaintiffs from recovery. One of these barriers is the assumption of risk doctrine.
The term “assumption of risk” refers to when the plaintiff unnecessarily exposed themselves to the harm that was done to them. For example, a recent state appellate case considered the issue. According to the court’s written opinion, the plaintiff was helping the defendant dismantle an old building and noticed that there were skylights on the roof. The plaintiff volunteered to go up on the roof and remove the screws. Since the roof was so dirty and weathered, he was unable to see the skylights. While working on the roof, the plaintiff fell through a skylight and onto the concrete below, suffering multiple severe injuries. The plaintiff then sued the defendant, the owner of the building, for negligence.
Under Maryland laws, situations like this become more complicated than a straightforward negligence case because the defendant can argue that the plaintiff assumed the risk of his injuries by going up on the roof, knowing that there were skylights and that he could not see them. In these cases, the defendant can raise this defense by proving three things. The plaintiff had knowledge of the risk, the plaintiff understood that the risk could lead to serious harm, and the plaintiff voluntarily assumed the risk anyway. In the case described above, for example, the defendant must prove that the plaintiff was aware of the skylights on the roof and understood that they were fragile and that falling through them would cause harm, yet he volunteered to go up on the roof anyway. If the defendant can do that, Maryland law would allow him to escape liability for the plaintiff’s injuries.
Have You Been Injured in a Maryland Accident?
If you or a loved one has recently been injured in an accident, you understand the serious financial and psychological toll that accidents can take. The law firm of Lebowitz & Mzhen, Personal Injury Lawyers, can help you cope with this difficult situation by handling your personal injury claim and working hard to fight for the compensation that you deserve. Our team of dedicated and experienced lawyers represents Maryland plaintiffs in a variety of claims, including claims involving Maryland slip and falls, products liability, medical malpractice, motor vehicle accidents, and more. To learn more, call us at 800-654-1949. You can rest assured that calling is risk-free, since we will not bill you for our services unless we can help you obtain monetary compensation from the responsible party.