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Maryland Accident Law Blog

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Court Determines Plaintiff’s Photograph of a Raised Portion of the Sidewalk Was Insufficient to Establish That the City Had Notice of the Hazard

Recently, a state appellate court issued an opinion in a premises liability lawsuit that was brought by a woman who tripped on a raised portion of the sidewalk that was maintained by the defendant city. The case required the court to determine if the plaintiff’s evidence was sufficient to prove…

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Court Dismisses Plaintiff’s Parking Lot Slip-and-Fall Case, Citing Plaintiff’s Failure to Establish That a Hazard Existed

Recently, a state appellate court issued a written opinion in a personal injury case raising several important issues that commonly arise in Maryland premises liability lawsuits. The case required the court to determine if the plaintiff’s case was properly dismissed following a defense motion for summary judgment. Finding that the plaintiff…

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Court Rejects Defendant’s Recreational-Use Immunity Defense, Finding that the Land in Question Was Not Offered for Public Use

Recently, a state appellate court issued a written opinion in a personal injury case discussing the state’s recreational use statute, and whether it applied to bar the plaintiff’s claim against the defendant. Ultimately, the court concluded that the recreational-use statute did not apply because the defendant’s land was not offered…

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Maryland Premises Liability Cases Involving Known and Obvious Hazards

All Maryland land owners have a duty to make sure that they maintain a safe premises for those whom they invite onto their property. If a property owner fails to fix a known hazard, or fails to warn visitors about a dangerous condition of the property, the landowner may be…

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Hazard Causing Plaintiff’s Slip-and-Fall at Gas Station Determined to be Open and Obvious, Defeating Plaintiff’s Claim

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…

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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…

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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…

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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…

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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…

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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…

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