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Articles Posted in Slip and Fall

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Plaintiff’s Failure to Accurately Describe Where Slip-and-Fall Accident Occurred Results in Dismissal of Personal Injury Case

When someone is injured in a Maryland slip-and-fall accident occurring on government property, or any other accident involving a government defendant, the accident victim may be entitled to monetary compensation for their injuries. However, when naming a government employee or agency as a defendant, the plaintiff must take additional steps…

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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…

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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…

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Court Holds Hotel May Have Voluntarily Assumed Duty to Provide Aid to Imperiled Guest

Earlier this month, an appellate court in California issued a written opinion in a personal injury case involving a woman who suffered a brain aneurysm while in her room at the defendant hotel. The plaintiff claimed that the defendant hotel voluntarily assumed a duty of care to assist her but…

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Procedural Requirements in Maryland Medical Malpractice Cases

Most personal injury cases involve concepts that the average juror can grasp. For example, when two vehicles are involved in a Maryland car accident, a jury is normally capable of listening to the testimony from each party, weighing the evidence, and coming to a conclusion on their own. Medical malpractice…

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Court Dismisses Slip-and-Fall Case Based on Plaintiff’s Inability to Show that the Landowner Had Notice of Black Ice

Earlier this month, an appellate court in Georgia issued an opinion in a slip-and-fall case illustrating several important principles relevant to Maryland personal injury cases. The case presented the court with an opportunity to discuss what a plaintiff must establish in order to survive a summary judgment challenge by the…

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Settlement Agreements in Maryland Personal Injury Lawsuits

Most Maryland personal injury lawsuits are resolved through pre-trial settlement negotiations, rather than through a trial. The reasons why parties enter into settlement agreements vary, but most often they include a desire for certainty in the case’s outcome. Indeed, many Maryland personal injury plaintiffs may wish to accept a negotiated…

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Plaintiff’s Failure to Comply with Pre-Lawsuit Notice Results in Dismissal of Case

Maryland state and local governments face a significant number of Maryland accident lawsuits each year. In many cases, the government named as a defendant may concede liability and offer a settlement agreement to an accident victim in return for the victim agreeing not to pursue the case in court. However,…

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Appellate Court Determines Slip-and-Fall Plaintiff’s Case Should Have Been Presented to the Jury

Last month, an appellate court in Rhode Island issued a written opinion in a premises liability lawsuit that was brought by a tenant of an apartment complex who slipped and fell on a patch of black ice in the complex parking lot. At the conclusion of the plaintiff’s case against…

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Evidence of Subsequent Remedial Measures May Be Admissible in Some Cases

In personal injury trials, the judge acts as the gatekeeper to determine which evidence the jury should hear. In making these evidentiary decisions, the judge must apply the appropriate rule of evidence. While the rules of evidence present a good guideline to assist a judge in making these decisions, issues often…

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