Traffic signs and detour signals are vital parts of maintaining safe traffic practices. While it would be nice to be aware of every single thing on the road ahead, sometimes obstacles can be hidden from plain view or in blind spots on the road. Without warning signs, drivers may only…
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…
The state-created danger theory imposes liability on a governmental entity for acts committed by a private actor. It generally applies in situations where the state increases the risk of harm to an individual through the state’s affirmative acts. Although courts have considered the doctrine in Maryland accident cases, Maryland had…
Typically, when the negligence of a person, business, or other entity results in injury to another, the injured party can pursue a Maryland personal injury claim against the at-fault party. However, when the at-fault party is a government entity, certain complications can arise. Under the U.S. Constitution, as originally written,…
The Maryland Tort Claims Act (MTCA) was enacted in 1981. Under the Maryland Tort Claims Act, immunity is generally afforded to the state, and to state employees for their actions that are carried out without malice or gross negligence. Because it may apply in Maryland accident cases, understanding the statute,…
Expert testimony can be helpful in certain claims to explain evidence to the fact finder. In Maryland accident cases, expert testimony may be admitted if the court decides that the testimony will help the trier of fact to understand the evidence or decide a fact at issue. Yet, expert testimony…
Filing a Maryland injury lawsuit can be more complicated when the state government is the defendant in the case. One potential complication is that a plaintiff must first provide notice when filing a claim against the state of Maryland in a personal injury claim. Under section 12-106 of the Maryland…
In general, Maryland personal injury law provides that landowners owe a duty to those whom they allow onto their property. This duty typically requires that the landowner cure any known hazards, or warn visitors about dangers that cannot be remedied. However, many state legislatures have enacted statutes that exempt certain…
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…
Whenever someone is injured due to the negligence of another person or entity, the injured party is entitled to pursue a claim for compensation through a Maryland personal injury lawsuit. However, based on longstanding constitutional principles, government agencies enjoy immunity from some of these lawsuits. Thus, one of the most…