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Articles Posted in Relevant Personal Injury Case Law

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Not All Maryland Liability Release Waivers Are Enforceable

Most people have signed a liability release waiver at some point. Often, release waivers are included on the back of concert or sporting event tickets. While the language in these agreements may not be clear to the reader, they are generally enforceable and can prevent an accident victim from holding…

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Determining Liability in Maryland Sports Injury Cases

Each year, there are thousands of Maryland sports injuries, ranging from the relatively minor to the life-threatening. For the most part, when someone decides to take up a sport, they should know that certain risks are inherent in the sport. However, at the same time, participants should also be able…

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Maintenance Worker Permitted to Proceed with Claim Against Property Owner in Recent Premises Liability Case

In Maryland, landowners owe a duty of care to those whom they invite onto their property. Generally, a property owner must take care to remedy known hazards on their property. Of course, a plaintiff’s own negligence can act to defeat their claim against a landowner, if the plaintiff fails to…

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Employee’s Slip-and-Fall Case Permitted to Proceed Against Parking Lot Maintenance Company

Recently, a state appellate court issued an opinion in a personal injury case raising an interesting issue that all Maryland slip-and-fall injury victims should be aware of. The case discussed the potential liability of third-parties who may not initially be thought of as responsible parties. The Facts of the Case…

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Plaintiff’s Medical Malpractice Case Dismissed for Failure to Provide Sworn Expert Testimony

Recently, a state appellate court issued an opinion in a case illustrating the importance of meticulously following the procedural requirements of a Maryland medical malpractice lawsuit. Specifically, the case involved a plaintiff’s failure to provide sworn expert testimony. The Facts of the Case According to the court’s recitation of the…

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Court Finds Plaintiff’s Misuse of Tool Was Fatal to His Product Liability Claim

Earlier this month, a state appellate court issued an opinion in a personal injury case discussing several important issues that frequently arise in Maryland product liability cases. The case required the court to determine if the plaintiff’s misuse of the defendant’s product constituted a complete defense to the plaintiff’s claim.…

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Court Permits Medical Malpractice Case to Proceed Despite Lack of Expert Affidavit

Under Maryland Courts and Judicial Proceedings Section 3-2C-02, a Maryland medical malpractice claim “shall be dismissed … if the claimant fails to file a certificate of a qualified expert with the court.” This requirement was initially implemented to deter the filing of frivolous medical malpractice lawsuits and to ensure that…

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Court Considers Whether Construction Loaders Are “Dangerous Instrumentalities”

Earlier this month, a state appellate court issued an opinion in a personal injury case brought by a man whose finger was severed while working with a construction loader. The lawsuit was filed against the company that leased the loader to his employer and required the court to determine whether…

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Court Permits Maintenance Worker’s Case Against Casino to Proceed Toward Trial in Recent Premises Liability Lawsuit

Recently, a federal appellate court issued a written opinion in a personal injury case discussing whether a casino could be held liable for the injuries sustained by an independent contractor when he fell from a ladder while working on the building’s roof. Ultimately, the court concluded that the plaintiff presented…

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Court Discusses Proximate Cause in Recent Food-Poisoning Product Liability Case

Recently, a state appellate court issued a written opinion in a personal injury case discussing an important issue that frequently comes up in Maryland product liability cases involving defective or unsafe food products. The case required the court to determine the appropriate standard by which a plaintiff’s food-poisoning case is…

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