Maryland premises liability lawsuits are often centered around the relationship between the parties. For example, land and business owners owe a greater duty of care to those whom they invite onto their property than those who gain entry by accident or through trespassing. Earlier this month, an appellate court in…
Maryland Accident Law Blog
Court Determines Good Samaritan Was “Occupying” Vehicle as She Provided Road-Side Assistance to Accident Victim
Insurance companies can be one of the biggest roadblocks to a Maryland car accident victim receiving the compensation they deserve. Earlier this month, an appellate court in Rhode Island issued an interesting opinion in a car accident case involving the question of whether the plaintiff was “occupying” the insured vehicle…
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…
Maryland Wrongful Birth Claims
Over the last century, the development of modern medicine has resulted in not just a decrease in the mortality rate of infants but also in the ability to determine whether an unborn child will suffer from a serious, life-altering abnormality. Through diligent testing and a thorough analysis of a couple’s…
Court Determines Zip-Line Is Not a “Dangerous Condition,” Upholding Government Immunity in Recent Personal Injury Case
Earlier this month, an appellate court in Colorado issued a written opinion in a premises liability lawsuit that was brought by the parents of a young girl who was seriously injured while playing in her school’s playground. Ultimately, the court concluded that the zip-line on which the girl was playing…
Court Prevents Testimony of “Surprise” Witness in Medical Malpractice Case
Anyone who has spent a few hours watching old courtroom T.V. dramas likely remembers the climactic moments when – after a long, drawn-out trial – one of the parties presents a surprise witness that completely makes their case. Well, in reality, surprise witnesses are for the most part a thing…
Court Finds Government Immunity Does Not Apply in Recent Dog Bite Case
Last month, an appellate court in nearby West Virginia issued a written opinion in a dog bite case that required the court to determine if the local county government could be held liable for the plaintiff’s loss of a loved one based on a government employee’s failure to act. Ultimately, the…
Maryland Appellate Court Holds That a Statute of Limitations May Be Tolled When a Defendant Fraudulently Conceals Important Evidence
Earlier this month, the Maryland Court of Appeals issued an opinion in a case that was brought by the surviving family members of a man who was killed while working as a ranch-hand for the defendant. The case gave the court the opportunity to discuss when a defendant’s potentially fraudulent…
Court Allows Defendant’s Prior DUI Convictions into Evidence in Recent Car Accident Case
Earlier this month, a state appellate court issued a written opinion in a car accident case in which the plaintiff’s vehicle was struck by a drunk driver. The case required the court to determine if the defendant’s prior convictions for driving under the influence could be admitted at trial. Ultimately, the…
The Concept of “Assumption of the Risk” in Maryland Personal Injury Cases
When a party files a personal injury case against a defendant, the defendant has the opportunity to argue one or more defenses in hopes of escaping liability. In some cases, the ultimate determination comes down to which witness is more believable. However, in other cases, the facts are not necessarily…