Earlier this month, a state appellate court issued a written opinion in a personal injury case presenting an interesting issue that may arise in Maryland premises liability cases. The court was tasked with determining whether a clause in a residential lease agreement that included limiting the statute of limitations was…
Articles Posted in Relevant Personal Injury Case Law
Pre-Suit Requirements in Maryland Medical Malpractice Lawsuits
In Maryland medical malpractice lawsuits, the plaintiff must follow certain procedures that are not required of other personal injury plaintiffs. Primarily, this consists of filing a compliant certificate of merit. Under Maryland Code section 3-2C-01, the certificate of merit must contain a statement from an expert who is “knowledgeable in…
Court Discusses Insurance Company’s Obligations in Horse-Drawn Carriage Accident
Recently, a state appellate court issued a written opinion in a personal injury case requiring the court to determine if an accident victim’s claims against an insurance company fit within the underinsured/uninsured motorist (UIM) provision of the victim’s policy. After conducting a thorough analysis of the specific language used in the…
Plaintiff’s Failure to Prove Defendant Knew of Puddle’s Existence Results in Dismissal of Premises Liability Case
Maryland landowners have a duty to those whom they invite onto their property to keep the property safe and to warn visitors of potentially dangerous conditions. If a landowner fails to live up to this duty, and someone is injured as a result, the victim can pursue a claim for…
Court Dismisses Slip-and-Fall Plaintiff’s Case Based on Conflicting Testimony
Recently, a state appellate court issued a written opinion in a personal injury case involving a plaintiff’s conflicting testimony, requiring the court to determine which version of the plaintiff’s testimony to credit. The case presents a valuable lesson for Maryland slip-and-fall accident plaintiffs in that it illustrates how courts analyze…
Court Upholds Government Immunity in Recent Hiking Accident Case
Recently, a state court issued a written opinion in a personal injury case involving a young man who was seriously injured while hiking in a city-owned park after hours. The case required the court to determine if the city was entitled to government immunity regarding the plaintiff’s claim that the…
Court Discusses Admissibility of Social Media Evidence in Recent Personal Injury Case
Recently, a state appellate court issued a written opinion in a personal injury case that presents an interesting issue that frequently comes up in Maryland personal injury cases. The specific claim at issue was over the defendant’s access to the plaintiff’s private Facebook account. The court ultimately concluded that the…
Court Rejects Plaintiff’s Premises Liability Case Because Hazard Was “Open and Obvious”
Earlier this month, a federal appellate court issued a written opinion in a premises liability lawsuit brought by a man who was injured while loading purchased rolls of insulation into his truck. The case required the court to determine whether the large, unstable stack of insulation that fell on top…
Court Sides with Plaintiff in Recent Spa Injury Case
In Maryland personal injury lawsuits, it is imperative that a plaintiff is not found to be even the slightest bit at fault in causing her injuries. This is because Maryland is one of the few states that applies the doctrine of contributory negligence when it comes to determining which plaintiffs…
The Revisionary Power of Maryland Courts
When a jury comes to a decision in a Maryland car accident lawsuit, that verdict is given great respect by the legal system. Except in the most unusual circumstances, a jury’s conclusion as to a party’s liability is insulated from judicial review. However, in some situations, a judge does retain…