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,…
In some personal injury cases, there is no direct evidence that a party was negligent, but there is also no other reasonable explanation for how the plaintiff’s injuries occurred. The doctrine of res ipsa loquitur applies in cases in which negligence can be inferred, based on the circumstances, but there…
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…
In Maryland, plaintiffs in personal injury cases need to prove four things to be successful: the defendant had a duty of care; the defendant breached that duty through an act or an omission; the defendant’s breach was the proximate cause of the plaintiff’s injuries; and real damages were sustained. These…
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 Maryland, landlords are not automatically responsible for injuries that a tenant sustains at a rental property. Typically, Maryland landlords are only liable when their tenants or their guest’s injuries were the results of the landlord’s careless action or inaction. Maryland personal injury lawsuits against landlords generally involve accidents that…
Maryland slip and fall accidents occur under a range of circumstances and can result in serious injuries or even fatalities. According to recent statistics compiled by the Center for Disease Control and Prevention (CDC), more than one million people suffer injuries after a slip and fall accident every year. Additionally,…
Maryland personal injury victims can file personal injury lawsuits and recover damages from the negligent individual or entity that caused their injuries. After a finding of negligence, juries will then determine the amount of damages that the plaintiff should recover. Damages often include medical expenses that the plaintiff incurred as…
The strength of a Maryland personal injury claim is irrelevant if the court dismisses a plaintiff’s case based on their failure to comply with certain court rules or procedures. Thus, it is critical that anyone considering bringing a personal injury lawsuit discuss their case with a knowledgeable Maryland injury lawyer.…
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…