Recently, a federal court of appeals issued a written opinion in a personal injury lawsuit discussing the quantum of evidence a plaintiff must present in order to survive a defense motion for summary judgment. Ultimately, the court dismissed the plaintiff’s claim because the court found that the gas station where…
Maryland Accident Law Blog
Maryland Court of Appeals Allows Premises Liability Case to Proceed Based on Defective Condition of a Property Built in 1990
In a recent wrongful death case before a state appellate court, the court allowed a case to proceed against a property owner for the alleged defective condition of a building built in 1990. The plaintiffs filed a Maryland wrongful death case against the owner and property manager of a shopping…
Expert Witnesses in Maryland Personal Injury Cases
Some Maryland personal injury cases present simple issues that are within the common understanding of the jurors. However, other cases present complex scientific or medical issues that may require the presentation of an expert witness who is familiar with that particular area. It is important for Maryland personal injury plaintiffs…
Procedural Requirements in Maryland Personal Injury Cases Involving Government Defendants
Historically, governments have enjoyed immunity from lawsuits brought by citizens seeking compensation for injuries that were due to the negligence of a government agency or employee. However, over the years, states have passed a variety of laws permitting victims to pursue a claim of compensation against various government entities. These…
Court Finds Residential Lease Agreement Effectively Modified the Applicable Statute of Limitations in Recent Premises Liability Lawsuit
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…
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…
Appellate Court Finds Family Negligent When Son’s Dog Bites Neighbor
Recently, a state appellate court issued an opinion in an appeal from a negligence lawsuit filed after a man suffered injuries because of a dog bite. The court found that the parents of a son whose dog bit their neighbor were negligent and therefore liable for the injuries the neighbor…
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 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…
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…