Local governments, like other property owners, have an obligation to keep public spaces safe for visitors. While the procedures involved in filing a case against a government are slightly different from those required in a Maryland premises liability lawsuit against a private individual or corporation, in each of these situations a…
Although the concept of sovereign immunity is not mentioned anywhere in the U.S. Constitution or the Bill of Rights, courts have long held that the U.S. government is immune from liability without its consent. Under the Federal Tort Claims Act (FTCA), however, those who have been injured as a result…
Maryland landowners owe a duty of care to those who are on their property. The extent of the duty that a landowner owes to a visitor depends on several factors: primarily, whether the visitor was welcomed onto the land by the landowner and the purpose of the visit. In Maryland,…
As we have discussed in other posts, the legal doctrine of contributory negligence precludes personal injury victims who are found to be partially at fault for their injuries from pursuing a claim of financial compensation. While Maryland’s contributory negligence law, in most people’s eyes, is outdated and overly harsh, for…
A common concern in many Maryland personal injury cases is the spoliation of evidence. Spoliation refers to the “destruction, mutilation, or alteration” of evidence by a party who is involved in the case. Typically, spoliation occurs when a party is in possession of evidence that the party believes is unfavorable…
Among a judge’s many roles is the responsibility to instruct the jury on the applicable law of the case. Generally speaking, a judge has discretion in how the jury is instructed; however, a judge’s instructions must accurately state the law. A recent Maryland medical malpractice case presented to the Maryland…
In Maryland product liability cases, courts will apply one of two tests to determine if the manufacturer can be held liable for the plaintiff’s injuries. Where a product is alleged to have a malfunction, courts will apply the “risk-utility” test. However, when there is no allegation that the product malfunctioned…
Whenever someone is injured due to the negligence of another person or entity, the injured party is entitled to pursue a claim for compensation through a Maryland personal injury lawsuit. However, based on longstanding constitutional principles, government agencies enjoy immunity from some of these lawsuits. Thus, one of the most…
Causation is an essential part of any Maryland accident case, and in a recent case before a federal appeals court, the court considered whether Apple could be held liable for allegedly causing a devastating car crash. These types of issues can happen in Maryland too. If you have questions, reach…
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…