Maryland Accident Law Blog
Premises liability cases often involve injuries caused by hazardous conditions on a property, but sometimes, they raise even broader concerns—like whether a property owner should have done more to prevent accidents caused by third parties. A recent Maryland court case explored this issue, focusing on a car crash inside a CVS store that resulted in serious injuries to a customer. The case raises important questions about the duty of businesses and landlords to protect patrons from foreseeable harm.
A Routine Shopping Trip Turns Catastrophic
On December 10, 2019, a woman was shopping at a CVS Pharmacy store in Salisbury, Maryland. As she exited the store, another driver attempted to park in a space directly in front of the entrance. Instead of coming to a stop, the vehicle crashed through the glass storefront and struck the shopper, causing serious injuries.
After recovering from the immediate impact of the crash, the injured woman filed a lawsuit in September 2022, alleging that multiple parties bore responsibility for her injuries:
- The driver of the vehicle, whom she accused of negligence.
- Several corporate entities affiliated with CVS, which she claimed owned, operated, maintained, or managed the store.
- The property owner, who leased the space to CVS.
Her lawsuit argued that the absence of protective barriers (such as bollards) between parking spaces and the store entrance created an unreasonable risk of harm. She alleged that CVS and its affiliates knew about this risk but failed to take appropriate precautions.
The Legal Battle Over Liability
The case quickly became complicated, as multiple defendants denied responsibility:
CVS Disputes Control Over the Property
The corporate structure of CVS led to disputes about which entity actually controlled the property. The defendants argued that Maryland CVS Pharmacy, LLC was the entity responsible for the store, while the plaintiff had initially named CVS Pharmacy, Inc. and CVS 8281 MD, LLC in her lawsuit. After these disputes arose, the plaintiff amended her complaint to properly name Maryland CVS Pharmacy, LLC as a defendant.
The Property Owner Distances Itself from the Case
The landlord (Clairmont Center, LLC) also sought to avoid liability, arguing that it merely leased the property to CVS and did not operate or maintain the store. After reviewing the terms of the lease, the court dismissed the property owner from the case, agreeing that it did not have sufficient control over the premises to be liable.
CVS Moves for Summary Judgment
Maryland CVS Pharmacy, LLC, and CVS Pharmacy, Inc. moved for summary judgment, arguing that they had no prior notice of a similar crash at the store and were therefore not responsible for the plaintiff’s injuries. They contended that businesses cannot be held liable for accidents that occur due to an unexpected third-party action unless there was a history of similar incidents that would have put them on notice of a danger.
The Legal Rule: When Is a Business Responsible for Accidents?
Premises liability law requires property owners and businesses to keep their premises reasonably safe for visitors. However, they are not automatically liable for every accident that occurs on their property. In cases where an injury results from a third party’s actions—such as a car crashing into a store—plaintiffs generally must prove that:
- The business had notice of a dangerous condition (such as prior similar accidents).
- The risk was reasonably foreseeable.
- The business failed to take reasonable precautions to prevent harm.
This rule is especially relevant in storefront crash cases, where businesses may or may not have a duty to install protective barriers, such as bollards, to prevent vehicles from driving into their buildings.
How the Court Applied the Law
After reviewing the evidence, the court granted summary judgment in favor of Maryland CVS Pharmacy, LLC, and CVS Pharmacy, Inc., meaning the case against them was dismissed before trial. The court’s reasoning was as follows:
- No Evidence of Prior Incidents: The plaintiff was unable to present any documented history of similar crashes at the Salisbury CVS location or at comparable CVS stores within a relevant timeframe. Without evidence that CVS was aware of a recurring problem, the court determined there was no legal duty to install bollards.
- Control Over the Property: The court also agreed with CVS that Maryland CVS Pharmacy, LLC, rather than CVS Pharmacy, Inc., was the proper defendant. However, even against the correct defendant, the court ruled that the lack of prior crashes meant the claim could not proceed.
Following this ruling, the plaintiff filed an appeal, arguing that the court had incorrectly determined that no genuine disputes of fact existed. However, the appeals court declined to rule immediately, instead remanding the case on procedural grounds back to the lower court to determine whether a final judgment should be entered.
What This Case Means for Injury Victims
This case serves as a cautionary tale for injured plaintiffs pursuing premises liability claims. In storefront crash cases—the burden is on the injured party to prove that the business had reason to anticipate the danger. Without documented proof of previous similar incidents, courts may be reluctant to hold businesses responsible for failing to install protective barriers.
If you were injured in a store or shopping center accident, here’s what you should keep in mind:
- Document everything: If you are injured in a storefront crash, gather any available evidence of prior incidents at the location.
- Request safety records: Businesses may not readily disclose prior accidents, but an experienced attorney can help uncover past safety complaints or crash reports.
- Act quickly: Maryland’s strict premises liability laws mean that time is of the essence when gathering evidence and filing a claim.
Speak with an Experienced Maryland Premises Liability Lawyer About Your Case Today
If you or a loved one has been injured in a storefront crash or parking lot accident, you have legal options. The experienced attorneys at Lebowitz & Mzhen understand the complexities of Maryland’s premises liability laws and are ready to fight for your rights. Call Lebowitz & Mzhen today at (800) 654-1949 or contact us online for a free consultation. We serve clients in Prince George’s County, Baltimore, and throughout Maryland, helping injury victims seek the compensation they deserve.