In Maryland personal injury lawsuits, a plaintiff typically has to prove causation—that the defendant’s action (or failure to act) caused the accident and the plaintiff’s injuries. While this sounds straightforward, it can be incredibly complicated, especially as many courts consider two different types of causation necessary to win a case:…
Maryland Accident Law Blog
Maryland Court of Appeals Clarifies Standard of Admitting Expert Witness Testimony in Personal Injury Cases
When someone is injured in a Maryland accident and decides to file a personal injury lawsuit, their case may end up going to trial. Many people imagine trials look like how they appear on television—two lawyers arguing in front of a judge, questioning witnesses, and making a passionate appeal to…
Damages Available in Maryland Product Liability Lawsuits
Maryland product liability lawsuits allow consumers to pursue a claim for compensation against the manufacturers, distributors, and resellers of hazardous products. A product liability suit filed against a responsible party may permit an injured plaintiff to recover a range of damages, and it is important for an accident victim to…
Maryland Slip and Fall Accident Victims May Face Challenges if They Were Aware of the Hazard Causing Their Fall
When someone slips and falls, causing injuries, they may be entitled to bring a personal injury lawsuit against whoever owns the property or was responsible for leaving it in a hazardous condition. Maryland slip and fall accidents are frequently brought against cleaning companies for failing to post “wet floor” notices,…
Holding Drivers Accountable in Maryland Car Accidents Caused by Emergency Situations
Unfortunately, Maryland drivers encounter dangerous situations all the time—a car stopped in the middle of the road, debris blocking the roadway, or even a chain-reaction crash. Yet, even when a Maryland driver encounters a dangerous situation, the driver must respond reasonably to the situation under the circumstances. Failure to do…
Establishing the “Duty” Element of a Maryland Personal Injury Case
In order to hold another person or entity liable for injuries sustained in a Maryland accident, the defendant must have owed a duty to the plaintiff to protect the plaintiff from the harm the plaintiff suffered. For example, a person who falls on a sidewalk generally cannot hold another passerby…
Filing a Maryland Injury Claim Based on a Product Recall
A product recall is not a prerequisite to filing and winning a Maryland product liability claim. Yet, product recalls are often a precursor to litigation against the seller, because a recall is an indication that the product is not safe for its intended use. If a product is recalled because…
What Is Res Ipsa Loquitur and When Can It Be Used in Maryland Accident Cases?
There are certain personal injury cases where there is no specific evidence tying the defendant to the accident, but it is clear that the defendant caused the accident and should be held liable. In these instances, the doctrine of res ipsa loquitur can often be utilized. Res ipsa loquitur is…
What Constitutes a Design Defect in a Maryland Product Liability Case?
Individuals pursuing a product liability case in Maryland courts can bring their claim under one or more of the three types of Maryland product liability claims: manufacturing defects, design defects, and warning defects. Under Maryland law, a design defect case considers whether a manufacturer knew the risks inherent in the…
How Courts Deal with Obvious Hazards in Maryland Slip and Fall Cases
A state supreme court was recently tasked with deciding whether the owner of a church could be held liable after the plaintiff was injured on the stairs outside of the building. While Maryland landowners often have to warn visitors of any danger, they do not need to if the dangerous…