Relevant Personal Injury Case Law

Maryland Workplace Accidents Caused by Dangerous and Defective Products

May 21, 2019 | Lebowitz & Mzhen

Each year, thousands of employees are injured in Maryland workplace accidents. While a Maryland workers’ compensation claim may be an injured worker’s sole remedy in some cases, that is not the case when a non-employer third party is responsible for the worker’s injuries. Thus, being able to identify a third party who was responsible for a worker’s injuries may allow an injured worker to pursue a Maryland personal injury case in addition to a workers’ compensation claim.

Product liability claims are common in Maryland third-party workplace accident cases because the dangerous or defective nature of a product rarely implicates an employer’s negligence. A recent case illustrates the type of situation in which an employee may be able to pursue a product liability claim after being injured on the job.

According to the court’s opinion, the plaintiff was performing electrical work on a construction site while standing atop a 12-foot ladder. As the plaintiff was working, an air conditioning unit that was anchored into the concrete ceiling came loose, striking the plaintiff. The plaintiff fell off the ladder, landing on the ground. As a result of the fall, the plaintiff sustained serious injuries.

Maryland Swimming Pool Accidents

April 26, 2019 | Lebowitz & Mzhen

As summer approaches, those who have swimming pools on their property will soon be getting the pool ready for the hot Maryland summer. While swimming is an important skill for children to learn, and can be an excellent way for older people to engage in a low-impact workout, both of these groups are at a high risk of drowning. Understanding this reality, Maryland lawmakers have heavily regulated the placement and operation of swimming pools in hopes of reducing the number of Maryland swimming pool accidents.

The most common cause of accidental drowning deaths in Maryland swimming pools is a lack of adult supervision. Most of these tragic accidents occur when a child has been unsupervised for less than five minutes. Thus, while supervision is the best preventative measure, additional safety precautions must also be taken.

Under Maryland’s swimming pool regulations, pool owners must obtain a permit to construct, alter, or replace a residential pool. The permit application requires prospective pool owners to obtain detailed plans of the pool, and comply with certain safety features. One of the most important requirements is that the pool is surrounded by a fence that is at least six feet tall and has no opening, other than through an open door, greater than four inches. Interestingly, however, a ladder to get out of the pool is not required under Maryland Code.

Can Injured Skiers and Snowboarders Pursue a Maryland Personal Injury Claim Against a Ski Resort?

April 17, 2019 | Lebowitz & Mzhen

Skiing is the favorite seasonal pastime of many Maryland recreationalists. However, skiing can be a dangerous sport, especially when the ski resort does not take the necessary safety precautions. While the winter ski season has passed, now is a good time for those who were injured in a Maryland skiing accident to consider whether they may have a claim for compensation against the resort where their injuries occurred.

In general, ski resorts – like other landowners – have a duty to ensure that areas accessible by guests are safe and well maintained. This includes not just the resort’s skiable areas, but also restaurants, restrooms, locker rooms, and parking lots. When management is negligent in the operation of the resort, they may be held liable for any injuries that occur as a result of that negligence.

One issue that frequently comes up in ski accident cases is whether the injured skier gave up their right to pursue a claim against the ski resort by signing, or otherwise acknowledging, the resort’s release of liability. A recent case illustrates how courts review cases in which a defendant ski resort relies on a printed release of liability.

Common Defenses to a Maryland Premises Liability Claim

April 5, 2019 | Lebowitz & Mzhen

It has often been said that the best offense is a good defense. Thus, it is essential for those who have been injured in a Maryland slip-and-fall accident to understand the common ways that a defendant will try to defeat a plaintiff’s claim. There are two basic arguments that Maryland premises liability defendants use to evade accountability.

At its most basic, a Maryland premises liability claim requires the plaintiff to establish that the defendant landowner was negligent in the maintenance of their property. It may be that a landowner failed to warn visitors of a known hazard or that the landowner failed to remedy a hazard that, given the circumstances, the landowner should have known about. In either case, to prove a landowner’s negligence, the plaintiff must show that the defendant landowner knew or should have known about the hazard.

One common tactic is for a defendant landowner to argue that he did not have knowledge of the hazard. Importantly, Maryland premises liability law does not require a plaintiff to prove that a landowner had actual knowledge of a hazard. Indeed, most Maryland slip-and-fall cases proceed on the theory that the landowner had constructive knowledge of the hazard.

A Maryland Landlord’s Duty to Protect Tenants

March 25, 2019 | Lebowitz & Mzhen

A Maryland landlord cannot ensure the safety of its residents, but it does have a duty to take reasonable security measures. In a recent case before a state appellate court, the court considered the extent of a condominium’s responsibility to protect its residents.

The Facts

According to the court’s opinion, the plaintiff was a new resident at a condo in downtown Atlanta. The declarations for the condominium stated that it was not responsible for providing security to residents. However, the plaintiff claimed the association provided what he considered to be security measures, such as security gates, and that these features contributed to him deciding to purchase the property.

Evidently, a security gate outside the property required a key fob for access, which he was told would be provided by the defendant property management company. More than two weeks after closing on the property, he was given a fob, but he could not get the fob to open the vehicle-access gate. The plaintiff contacted the company on multiple occasions. As he was attempting to resolve the issue with the key fob, about a month after he moved in, he was the victim of a violent attack on the sidewalk outside of his condominium complex. He had arrived home around 2:00 a.m. with his girlfriend, and after not being able to enter through the gate, and decided to park on the street. He got out of his car, and was stabbed three times in an attempted robbery.

Does Round-Up Weed Killer Pose a Cancer-Risk to Maryland Users?

March 15, 2019 | Lebowitz & Mzhen

There are many different types of Maryland product liability cases. Some product liability cases involve manufacturing mistakes while others are based on the defective design of a product or that it is unreasonably dangerous. Recently, the manufacturer of Round-Up weed killer has been in the hot seat after thousands of frequent users of the product have developed a specific type of cancer. While the manufacturer of the product claims that the product is safe, others argue that high levels of exposure can result in users developing non-Hodgkin’s lymphoma.

Currently, a jury is considering phase one of a bellwether trial in San Francisco. A bellwether trial is the first case to proceed to trial that presents an issue that is also presented by many other pending lawsuits that have been filed by plaintiffs who are making similar claims. Thus, the result of a bellwether trial can be incredibly important to how the other subsequent lawsuits proceed. For example, if a judge decides a specific pre-trial motion in favor of the plaintiff, the defendant may be more willing to settle the subsequent cases.

According to a recent news report, the case involves a man who developed non-Hodgkin’s lymphoma after using Round-Up over 300 times in his 26-year career. The man claims that his use of Round-Up throughout his career was a “substantial factor” in causing his cancer. In addition, the plaintiff claims that the manufacturer of the product attempted to influence the public’s perception of the product’s safety by influencing scientists and regulators.

Court Issues Important Decision for Maryland Accident Victims with Claims Against the Federal Government

March 1, 2019 | Lebowitz & Mzhen

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 of the conduct of a federal employee or agency may be able to pursue a claim for compensation.

The FTCA provides a strict set of procedural rules that must be followed in order for a case to be heard by a federal court. If an injury victim misses a deadline or otherwise fails to comply with one of the FTCA’s requirements, their claim will likely be dismissed. Thus, it is crucial for Maryland injury victims bringing claims under the FTCA to understand all of the requirements the FTCA imposes. A recent federal appellate opinion discusses the statute of limitations in FTCA claims.

The Facts of the Case

According to the court’s written opinion, in 2005, when the plaintiff was just five years old, when his father died in an auto accident. The accident occurred on an interstate highway. Because the plaintiff was only five years old at the time, the plaintiff’s mother filed a claim against the Federal Highway Administration (FHWA). The claim alleged that a highway barrier failed during the accident, resulting in the plaintiff’s father’s death.

Contributory Negligence in Maryland Premises Liability Cases

February 18, 2019 | Lebowitz & Mzhen

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 now, it governs how courts determine liability in Maryland personal injury accidents.

Contributory negligence is often discussed in the context of auto accidents. However, the doctrine also applies in Maryland slip-and-fall cases. A recent state appellate decision illustrates why contributory negligence is so harmful to Maryland premises liability plaintiffs.

The Facts of the Case

According to the court’s opinion, the plaintiff owned property in the defendant condo complex. One day, the plaintiff was walking along a sidewalk in the complex when she tripped on a section of uneven cement. The plaintiff frequented the area where she fell. Evidently, the cement area had been marked by complex management with blue dots, indicating it to be an area that needed to be repaired.

Design Defect Product Liability Claims in Maryland

January 23, 2019 | Lebowitz & Mzhen

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 in any way, courts will apply the “consumer expectations” test.

Under a risk-utility analysis, courts consider whether the danger presented by the product is outweighed by its utility. A recent opinion issued by a state appellate court illustrates the application of the risk-utility test.

The Facts of the Case

According to the court’s written opinion, the plaintiff purchased a heating pad that was manufactured by the defendant. The plaintiff was using the heating pad as she was lying in bed, and fell asleep while the pad was on. About 90 minutes later, the plaintiff’s roommate came into the plaintiff’s room after noticing a strange smell. As it turns out, the heating pad had burned into the sheets and mattress, ultimately burning the house down. The Fire Chief determined that the heating pad was the cause of the fire.

The Issue of Government Immunity in Maryland Personal Injury Cases

January 16, 2019 | Lebowitz & Mzhen

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 important considerations after a Maryland accident is whether any of the defendants are government employees and, if so, whether they may be entitled to immunity.

Under Maryland case law, government agencies are entitled to immunity when carrying out discretionary duties. A discretionary duty, as the name implies, is one which involves the exercise of discretion. If an act is not discretionary, it is ministerial, meaning that it does not require the judgment of a government employee. A recent case illustrates how courts approach the distinction between ministerial and discretionary acts.

The Facts of the Case

According to the court’s opinion, a young girl was planning on attending a field trip to a pool that was located in a government-owned park. Because the young girl could not swim, her mother spoke with the playground coordinator, who reassured her that the girl’s ability would be assessed in the shallow end of the pool. The mother agreed to let her daughter go on the field trip. Tragically, however, the young girl drowned in the pool as staff members were changing in the locker room.