Premises Liability

Court Rejects Plaintiff’s Premises Liability Case Because Hazard Was “Open and Obvious”

March 18, 2018 | Lebowitz & Mzhen

Earlier this month, a federal appellate court issued a written opinion in a premises liability lawsuit brought by a man who was injured while loading purchased rolls of insulation into his truck. The case required the court to determine whether the large, unstable stack of insulation that fell on top of the plaintiff was an “open and obvious” hazard. Ultimately, the court concluded that the hazard was open and obvious, and thus it determined that the business did not owe a duty to the plaintiff.

The case is important for Maryland accident victims to understand because it illustrates one of the avenues a defendant in a Maryland premises liability lawsuit may take in an attempt to evade legal responsibility.

The Facts of the Case

The plaintiff and his son purchased several large rolls of insulation from the defendant hardware store. Due to their size, the rolls were kept in a separate storage warehouse. The cashier told the plaintiff to drive to the warehouse, where he could find the rolls and load them into his car.

Maryland’s Recreational Use Statute

February 22, 2018 | Lebowitz & Mzhen

Maryland has a diverse and unique landscape, providing ample opportunity for Marylanders to get outside and engage in the hobbies they enjoy. Whether it’s crabbing on the Chesapeake, fossil hunting in Calvert Cliffs, mountain biking, rock climbing, or kayaking, there is always something to do in Maryland.

Each of these activities, however, presents some level of risk that something goes wrong. And while the individual engaging in the activity certainly bears some responsibility to make sure that they are being safe, landowners that allow for people to use their land may also have a duty in certain situations, as Maryland premises liability law provides. Maryland’s recreational use statute governs when a landowner has a duty – and thus can be held liable for a violation of that duty – to those whom the landowner allows to use their land.

Maryland Code section 5-1104 explains that, in general, “an owner of land who either directly or indirectly invites or permits without charge persons to use the property for any recreational or educational purpose or to cut firewood for personal use does not . . . extend any assurance that the premises are safe.” Nor does the landowner “assume responsibility for or incur liability as a result of any injury to the person.”

Court Finds Ski Resort’s Accident Release Waiver Valid, Dismissing Ski Injury Plaintiff’s Case

January 22, 2018 | Lebowitz & Mzhen

Earlier this month, a federal appellate court affirmed the dismissal of a personal injury case filed by a skier against the ski resort where she was injured while getting off the chairlift. The case is important for Maryland accident victims because it discusses the validity of an accident release waiver signed by the plaintiff, as well as the contractual language contained on the back of the lift ticket.

Ultimately, the court concluded that both the accident release waiver as well as the contractual language on the back of the lift ticket were enforceable, and it precluded the plaintiff from pursuing her claim against the ski resort.

The Facts of the Case

The plaintiff arranged to take a ski lesson at the defendant ski resort. Prior to getting the lesson, the plaintiff signed an accident release waiver. The waiver stated that the skier understood and voluntarily accepted the inherent risks of skiing, and she agreed not to hold the resort liable for any injuries she sustained, even those injuries caused by the negligence of the resort or its employees.

Court Finds in Tenant’s Favor in Recent Premises Liability Case Against Landlord

January 15, 2018 | Lebowitz & Mzhen

Earlier this month, an appellate court in Nebraska issued a written opinion in a personal injury case involving a tenant who was injured while ascending the concrete steps to the residence she leased from the defendant landlord. The case presents a relevant and important issue for Maryland personal injury plaintiffs in that it shows the types of cases that can be brought when a tenant is injured due to a defect in the leased property, as well as the standards used by courts to evaluate a tenant’s claim for damages.

The Facts of the Case

The plaintiff leased a home from the defendant. Prior to the plaintiff taking possession of the residence, the landlord was cited for several code violations, including a sunken concrete step leading into the front door of the home.

The plaintiff moved in, and about 18 months later, she tripped and fell as she was climbing the concrete steps into the home. Specifically, the heel of the plaintiff’s shoe got stuck in a small crack between the top step and the front patio. This caused the plaintiff to fall, resulting in an injury to her ankle.

Plaintiff Injured by Fallen Tree Permitted to Proceed with Claim Against Apartment Complex

October 9, 2017 | Lebowitz & Mzhen

When someone is injured on the property of a person, business, or government entity, the injured party may be able to seek compensation for their injuries through a Maryland premises liability lawsuit. In order to be successful in a premises liability lawsuit, a plaintiff must be able to establish certain elements. Specifically, an accident victim must be able to show that the property owner knew or should have known about the hazard that caused the plaintiff’s injury.

A recent appellate court case filed by a plaintiff who was injured by a fallen tree branch illustrates which elements a plaintiff must prove in order to be successful in a premises liability claim.

The Facts of the Case

The plaintiff rented an apartment in a complex that was owned by the defendants. During a storm, a tree was seriously damaged, and a portion of the tree ended up being suspended between the tree’s trunk and the gutter of the apartment complex.

Plaintiff’s Failure to Name Potential Defendant in Premises Liability Lawsuit May Result in Decreased Damages

September 22, 2017 | Lebowitz & Mzhen

Earlier this month, the New Jersey Supreme Court issued a written opinion in a premises liability lawsuit dealing with the naming of government defendants in a personal injury case. The case is instructive for Maryland premises liability plaintiffs because similar requirements are in place here in Maryland that may prevent a plaintiff’s full recovery if she fails to name certain parties in her complaint.

The Facts of the Case

After a young girl died in an amusement park accident on a New Jersey boardwalk, her parents filed a premises liability lawsuit against several defendants, all of which were related to the amusement park operation. At the time of the accident, the plaintiffs’ daughter was on a school trip. The plaintiffs did not name their daughter’s school in the lawsuit.

In a pre-trial motion, the defendants collectively moved to add the daughter’s school, arguing that there was evidence suggesting the school officials were also negligent and partially responsible for the girl’s death. However, the defendants failed to provide timely notice of the pending lawsuit to the school.

Plaintiff Unable to Establish That Pool Owner Was Negligent in Recent Premises Liability Case

September 15, 2017 | Lebowitz & Mzhen

Swimming pools are a great way to bring friends and family together on those hot summer days. However, those who have swimming pools on their property assume a good deal of responsibility to avoid accidental drownings. Indeed, Maryland swimming pool deaths account for nearly 400 fatalities each year and represent about 20% of all drowning deaths in the state.

Those who have swimming pools on their property must take adequate precautions to ensure that those who use the pool are safe. Largely, local regulations govern which precautions are necessary. A recent personal injury case illustrates the difficulties one wrongful death plaintiff had when attempting to establish liability on the part of a condo association that operated the pool where his son drowned.

The Facts of the Case

The plaintiff’s son was swimming at a swimming pool located in a condominium complex where his aunt lived. At the time, the boy’s aunt was not present, but he was with other family members. The group used the aunt’s key card to gain access to the pool and did not seek approval from the condo association to use the pool.

Maryland Premises Liability Lawsuits

September 8, 2017 | Lebowitz & Mzhen

In Maryland, whenever someone is injured on the property of a person, business, or government entity, the victim may be entitled to monetary compensation for their injuries through a Maryland premises liability lawsuit. Proving a premises liability lawsuit in Maryland requires a plaintiff to establish certain elements, which can vary depending on the relationship between the plaintiff and the defendant. For example, a “business invitee” is owed a higher duty of care than someone who enters another party’s land without permission.

Generally speaking, a Maryland premises liability plaintiff must prove that the landowner knew or should have known about the hazard but failed to take corrective action to remedy the harm. The plaintiff will also need to establish that they were unaware of the hazard that caused their injury. Importantly, a plaintiff must also specify the alleged act of negligence they claim caused their injury. A recent case illustrates how one plaintiff’s failure to include an additional theory of liability prevented him from arguing that theory on appeal.

The Facts of the Case

The plaintiff was working with the defendant realtor to find an investment property. The defendant had a listing in mind that he thought would be a good fit for the plaintiff. The property had a pool in the back yard, which the defendant had arranged to be professionally serviced and then emptied prior to listing the property for sale.

Court Permits Plaintiff’s Lawsuit Based on Injury Sustained Due to Falling Tree Branch on Public Property

August 15, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in California issued a written opinion in a premises liability case in which the plaintiff was injured by a falling tree branch while visiting a public marine park. The court was tasked with determining whether the plaintiff’s claim was barred by the trail immunity, which confers immunity to state and local governments when someone is injured while using a public trail. Ultimately, the court concluded that since the plaintiff’s injury was caused by the falling tree branch, rather than the trail itself, immunity did not attach, and the plaintiff was permitted to continue forward with her lawsuit.

The Facts of the Case

The plaintiff and a friend were visiting Mission Bay Park, which is the largest marine park in the United States. The two were walking on or near a path when a branch from a eucalyptus tree fell, injuring the plaintiff. She filed a premises liability lawsuit against the government entity in charge of maintaining the park, claiming that the tree was negligently maintained.

The government claimed it was immune from liability under trail immunity. However, the court explained that the injury was not caused by a defect or dangerous condition of the trail itself, but instead by the negligently maintained tree. Thus, trail immunity did not apply.

Court Dismissed Tenant’s Slip-and-Fall Case Against Condo Association and Property Management Company

July 24, 2017 | Lebowitz & Mzhen

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 Georgia issued a written opinion in a slip-and-fall case brought by a tenant in a condominium complex against the condo association and the property management company. The court ultimately dismissed the case against the defendants because no landlord-tenant relationship could be shown, illustrating the importance of naming the proper parties in a Maryland premises liability lawsuit.

The Facts of the Case

The plaintiff was living in a condo that she rented from the owner. The plaintiff had an oral lease with the owner; no written lease existed. While living in the condo, the plaintiff complained to the condo association several times about the lack of lighting near a specific set of stairs; however, the association took no action. One day, the plaintiff slipped and fell while descending the stairs. The plaintiff filed a personal injury lawsuit, naming both the condominium association and the property management company responsible for the complex’s maintenance.

The defendants argued that the plaintiff should not be entitled to recover compensation because she was aware of the hazard that ultimately caused her fall. In response, the plaintiff cited the “necessity rule,” which allows for recovery even when an accident is caused by a known hazard if the tenant must cross the hazard by necessity. The trial court agreed with the plaintiff, and the defendants’ motion for summary judgment was denied. The defendants then appealed to a higher court.