Senate Bill 612 is pending in the Maryland Legislature and, should it pass, would act to eliminate the state’s requirement that all motorcycle riders wear helmets when riding on public roads. According to a local news source, the bill would allow certain riders with adequate health insurance coverage to choose…
Currently, it is the law in Maryland that any driver passing an emergency vehicle on the side of the road must move over one lane in order to help prevent an accident. This legislation was passed in the wake of a nationwide trend of accidents involving emergency workers assisting (or…
Maryland Governor Martin O’Malley signed a bill into law that overturns a controversial 2012 Maryland Court of Appeals decision regarding pit bull-type dogs. In Tracey v. Solesky, 50 A.3d 1075 (Md. App. 2012), the court modified the standard of negligence applied to attacks by pit bulls against humans, applying strict…
Caps on noneconomic damages, enacted in many states under the banner of “tort reform,” have brought uncertain results. While the stated purpose is to prevent litigation from driving up the cost of medical care, damage caps often lead in practice to injustice for victims of medical malpractice. A family in…
A plaintiff alleging medical malpractice must submit a claim for arbitration to a state office before filing a lawsuit. A certificate and report from a qualified expert is also required. Any deficiency in these documents may be grounds for dismissal of the case, but the statute that requires dismissal does…
Maryland state law imposes a cap on noneconomic damages in all personal injury and wrongful death cases. This applies to “nonpecuniary” damages like pain and suffering, mental anguish, disfigurement, physical impairment, and loss of consortium. MD Cts & Jud Pro Code §§ 3-2A-01(h), 11-108(a)(2). Advocates of damage caps, commonly known…
Maryland’s highest state court, the Court of Appeals, ruled earlier this month to uphold Maryland’s long standing, yet uncommon, manner of handling negligence cases. The rule it upheld, referred to as the Contributory Negligence Rule, prevents plaintiffs from recovering anything in a negligence cause of action, if they are shown…
Following last week’s train derailment and the resulting damage that it caused, the safety of trains and railroad crossings has been on the nation’s mind, but especially for those living within Maryland. One such response followed when a woman from Abingdon wrote in to the Baltimore Sun to express her…
The Maryland House Committee on Economic Matters held a hearing March 13 in order to discuss a proposed tire aging bill. The proposed Maryland House Bill 1110 is controversial because it would require businesses that sell tires to provide customers with pamphlets or other printed handouts containing statements regarding the…
An accident on a Nebraska highway took the lives of a Maryland family. The resulting lawsuit, Baumann v. Slezak, et al, is reportedly the first to invoke that state’s law allowing causes of action for the wrongful death of unborn children. Nebraska’s law, enacted in 2003, differs from Maryland’s wrongful…