Americans love to have fun. The recreational industry in the country is a multi-billion dollar business, and many Marylanders enjoy participating in recreational activities for their amusement. Boating, four-wheeling, skiing, rock climbing, and other recreational sports and hobbies generally have inherent risks associated with them, which can result in participants…
Accidents often occur in a moment’s notice; however, the impact they have on a victim can last a lifetime. Even seemingly minor accidents can result in an accident victim incurring tremendous hospital bills, missing days or weeks of work, and experiencing lingering pain or other physical limitations. Through a personal…
Riding a motorcycle is between 15 to 40 times more dangerous than driving a car, and each year dozens of motorcyclists are killed and thousands more are injured in Maryland car accidents. Motorcyclists should exercise extreme caution when out on the road, carefully obeying all traffic signs and laws. While…
In a recent case before a state appellate court, a plaintiff’s premises liability claim against a fast-food restaurant manager was dismissed based on the plaintiff’s failure to present sufficient evidence that the manager’s negligence resulted in her injuries. In rejecting the plaintiff’s claims, the court explained that a plaintiff must…
Earlier this month, an appellate court issued a written opinion in a premises liability case brought by a woman whom had slipped and fallen on some icy steps outside a restaurant. In the case, Lowrey v. LMPS & LMPJ, the court took the opportunity to clarify each party’s burden when a…
The burden of proof is on the state to prove guilt beyond a reasonable doubt in driving while intoxicated (DWI) cases. A defendant can challenge evidence based on the police’s conduct at the time of the arrest. If a traffic stop or search violated a defendant’s constitutional rights, the court…
Earlier this month, one state’s supreme court issued a written opinion discussing the availability of damages for a student-plaintiff who was not employed at the time of the accident but expected to obtain employment after graduation. In the case, Fecke v. Board of Supervisors of Louisiana State University, the court…
Earlier this month, an appellate court in Virginia issued a written opinion in a product liability case that ended up reversing a jury’s verdict in favor of the plaintiff. In the case, Holiday Motor Corp. v. Walters, the court set aside the jury’s verdict because the car manufacturer did not…
Earlier this month, the Texas Supreme Court issued a written opinion broadly interpreting what constitutes a medical malpractice claim, holding that a hospital’s alleged fraud in obtaining consent to perform a private autopsy was subject to the additional procedural requirements of a medical malpractice action. In the case, Christus Health…
When a company operates a factory or other operation for a long period of time in the same area, unanticipated consequences can arise from the pollutants expelled from the operation. However, under state and federal laws, companies that operate factories or other facilities in an area have a duty to…