Maryland Accident Law Blog

Can a Phone Manufacturer Be Held Liable for a Maryland Distracted Driving Accident?

January 9, 2019 | Lebowitz & Mzhen

Causation is an essential part of any Maryland accident case, and in a recent case before a federal appeals court, the court considered whether Apple could be held liable for allegedly causing a devastating car crash. These types of issues can happen in Maryland too. If you have questions, reach out to a dedicated Maryland car accident attorney without delay.

The issue before the federal appeals court was whether a driver’s neurobiological response to a smartphone notification could be the cause-in-fact of a car crash. According to the plaintiffs’ complaint, a woman was driving her car in 2013 when she received a text message on her iPhone. She looked down to read the text message, and when she looked back to the road, she was too late to avoid crashing into another car. The two adults in the other car died, and a child was rendered paraplegic.

Representatives of the victims of the crash sued Apple for negligence and strict products liability. The plaintiffs claimed that the accident was caused by Apple’s failure to warn iPhone users about the risks of distracted driving. The plaintiffs claimed that Apple was at fault because receipt of a text message triggers “an unconscious and automatic, neurobiological compulsion to engage in texting behavior.” Evidently, in 2008, Apple had obtained a patent for “[l]ock-out mechanisms for driver handheld computing devices,” which was meant to address the serious dangers of text messaging while driving. However, Apple did not include any version of the lock-out mechanism on the iPhone 5, the phone the woman was using at the time of the crash.

Not All Maryland Liability Release Waivers Are Enforceable

January 2, 2019 | Lebowitz & Mzhen

Most people have signed a liability release waiver at some point. Often, release waivers are included on the back of concert or sporting event tickets. While the language in these agreements may not be clear to the reader, they are generally enforceable and can prevent an accident victim from holding a company liable – even for their own negligent actions.

With that said, there are limits to the enforceability of Maryland liability release waivers. For example, courts will not enforce a waiver that purports to waive the right to pursue compensation based on a party’s willful, wanton, or reckless negligence. A recent state appellate opinion illustrates how this situation may arise.

The Facts of the Case

According to the court’s opinion, the plaintiff was killed after she was run over by a tow-truck on the Daytona International Speedway. Apparently, employees of the facility directed the tow-truck driver to back up into a restricted non-spectator area. However, as the driver was backing up, he ran over the plaintiff.

Determining Liability in Maryland Sports Injury Cases

December 24, 2018 | Lebowitz & Mzhen

Each year, there are thousands of Maryland sports injuries, ranging from the relatively minor to the life-threatening. For the most part, when someone decides to take up a sport, they should know that certain risks are inherent in the sport. However, at the same time, participants should also be able to expect that the league that organizes the sport has created a set of rules that protects the players from unnecessary risks that are not inherent to the sport.

In a recent case issued by a federal appellate court, the court discussed a plaintiff’s claim that was brought against a youth water polo league. The plaintiff claimed that the league’s lack of rules regarding concussion-management and when an injured player should return to play resulted in her daughter’s serious post-concussion syndrome.

The Facts

According to the court’s recitation of the facts, the plaintiff was the mother of a student who suffered severe post-concussion syndrome after competing in a three-day water polo tournament put on by the defendant organizers. Evidently, the plaintiff’s daughter was a goalie and, during the first day of play, was struck in the head with the ball. The plaintiff’ daughter was “dazed” as a result of the injury, and swam poolside to talk to her coach. Having no experience or training on concussion-management for young athletes, the coach allowed the girl to continue playing. Throughout the remainder of the tournament, the girl was struck in the head several more times.

To What Extent Do Maryland Schools Have a Duty to Protect Students?

December 17, 2018 | Lebowitz & Mzhen

Recently, a state appellate court issued an opinion in a personal injury case discussing whether a plaintiff’s case against a public university should proceed toward trial. The case presents interesting issues that frequently arise in Maryland premises liability cases. Specifically, the duty a school owes to its students. Ultimately, the court concluded that the school owed the plaintiff a duty of care and that the plaintiff’s case should proceed toward trial or settlement negotiations.

The Facts

According to the court’s recitation of the facts giving rise to the plaintiff’s claim, a student with a documented history of mental health issues attacked the plaintiff with a knife during a chemistry lab. Evidently, the student who attacked the plaintiff had evinced paranoia-type symptoms to several university staff members and as a result was seeing a school psychologist at the time of the attack.

The plaintiff claimed that the school was liable for her injuries because the administrators failed to take action to protect her (and other students) from foreseeable threats of violence. The school argued that it did not owe the plaintiff a duty of care, and even if it did, by providing mental health services to the student the school fulfilled its duty.

Maintenance Worker Permitted to Proceed with Claim Against Property Owner in Recent Premises Liability Case

December 10, 2018 | Lebowitz & Mzhen

In Maryland, landowners owe a duty of care to those whom they invite onto their property. Generally, a property owner must take care to remedy known hazards on their property. Of course, a plaintiff’s own negligence can act to defeat their claim against a landowner, if the plaintiff fails to exercise reasonable care themselves.

Recently, a state appellate court issued a written opinion in a personal injury case discussing whether a maintenance worker’s claim against a property owner should proceed to a jury trial. Ultimately, the court concluded that it should, holding that the defendant had a non-delegable duty to maintain the property in a safe condition.

The Facts of the Case

According to the court’s opinion, the plaintiff was hired by the defendant property owner to change the lightbulbs atop four 30-foot metal poles surrounding a tennis court. The plaintiff had previously successfully changed the bulbs by attaching two ladders to reach the top of the pole.

Employee’s Slip-and-Fall Case Permitted to Proceed Against Parking Lot Maintenance Company

December 3, 2018 | Lebowitz & Mzhen

Recently, a state appellate court issued an opinion in a personal injury case raising an interesting issue that all Maryland slip-and-fall injury victims should be aware of. The case discussed the potential liability of third-parties who may not initially be thought of as responsible parties.

The Facts of the Case

According to the court’s written opinion, the plaintiff was an employee at a restaurant. While working, the employee was asked to empty a grease trap into a dumpster in the rear of the restaurant. While the plaintiff was walking the trap back to the dumpster, he stepped in an open water meter, causing him to spill hot oil on himself.

The plaintiff initially named his employer and several related parties (the employers) in his lawsuit. In response, those parties named the defendant maintenance company (the defendant) in a third-party complaint. The employers argued that the defendant was liable for the plaintiff’s injuries under a contract the defendant had to perform maintenance of the parking lot area. The plaintiff then named the defendant in his lawsuit, as well.

Plaintiff’s Medical Malpractice Case Dismissed for Failure to Provide Sworn Expert Testimony

November 23, 2018 | Lebowitz & Mzhen

Recently, a state appellate court issued an opinion in a case illustrating the importance of meticulously following the procedural requirements of a Maryland medical malpractice lawsuit. Specifically, the case involved a plaintiff’s failure to provide sworn expert testimony.

The Facts of the Case

According to the court’s recitation of the facts, the plaintiff scheduled a knee surgery at the defendant medical center. Shortly after the operation was completed, the plaintiff began to suffer shortness of breath. One of the defendant doctors placed the plaintiff on oxygen and ordered an X-ray. The plaintiff was subsequently discharged. A few days later, the plaintiff returned complaining of shortness of breath. The plaintiff was diagnosed with pneumonia and exhibited signs that she had suffered a stroke.

The plaintiff filed a medical malpractice case against several of the medical providers, as well as the medical center. The defendants moved for summary judgment based on the plaintiff’s failure to attach any sworn expert testimony. The plaintiff responded by providing the name of an expert witness she expected to testify and a brief unsworn summary of what the expert’s testimony would cover. The defendants argued that the unsworn summary was not sufficient, and sought dismissal of the plaintiff’s case.

Court Finds Plaintiff’s Misuse of Tool Was Fatal to His Product Liability Claim

November 15, 2018 | Lebowitz & Mzhen

Earlier this month, a state appellate court issued an opinion in a personal injury case discussing several important issues that frequently arise in Maryland product liability cases. The case required the court to determine if the plaintiff’s misuse of the defendant’s product constituted a complete defense to the plaintiff’s claim. The court concluded that it did and dismissed the plaintiff’s claim against the defendant manufacturer.

The Facts of the Case

The plaintiff owned a die grinder manufactured by the defendant. The grinder was an air-powered tool that was compatible with various attachments and was designed for a variety of applications. According to the court’s opinion, the grinder contained an instruction manual indicating that all instructions should be read before using the product and “failure to comply with instructions could result in personal injury.”

Evidently, the manual instructed users only to use the cut-off wheel attachment when a safety guard is in place. Additionally, the instructions indicated that only attachments that were rated up to 25,000 revolutions per minute (RPM) should be used. The manual also instructed users to wear safety glasses at all times while using the product. The grinder did not come with a safety guard.

Court Permits Medical Malpractice Case to Proceed Despite Lack of Expert Affidavit

November 8, 2018 | Lebowitz & Mzhen

Under Maryland Courts and Judicial Proceedings Section 3-2C-02, a Maryland medical malpractice claim “shall be dismissed … if the claimant fails to file a certificate of a qualified expert with the court.” This requirement was initially implemented to deter the filing of frivolous medical malpractice lawsuits and to ensure that meritorious claims are heard expediently. However, over time the requirement has become the focus of significant litigation as medical professionals routinely attempt to use it as a defense to any claim made against them.

Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing the expert-affidavit requirement. Ultimately, the court concluded that the alleged negligence of the medical professional was not “directly involved” or “proximate” to the procedure the plaintiff was undergoing. Thus, the court held that the requirement did not apply.

The Facts of the Case

According to the court’s opinion, the plaintiff was scheduled to have a hysterectomy. Before the surgery began, the defendant anesthesiologist attempted to intubate the plaintiff. However, while the defendant was in the process of intubating the plaintiff, the power went out. While the lights were out, the defendant allegedly dropped a medical tool on the plaintiff’s tooth, chipping it.

Court Discusses Property Owner’s Non-Delegable Duty to Keep Area Safe in Recent Premises Liability Case

November 1, 2018 | Lebowitz & Mzhen

Recently, a state appellate court issued an opinion in a personal injury case discussing whether the defendant, the owner of a car repair shop, could be held liable for the plaintiff’s injuries. The court ultimately concluded that the defendant’s duty to maintain the shop in a reasonably safe condition was a non-delegable duty, and thus, the jury’s decision to hold the defendant partially responsible for the plaintiff’s injuries was proper.

The case is important for Maryland slip-and-fall accident victims in that it discusses what a property owner’s non-delegable duties are and under what circumstances they may be transferred to another party.

The Facts of the Case

The defendant owned an auto repair shop. He leased a portion of the shop to another mechanic but maintained an office on location and continued to use the shop. The defendant was the only one with keys to the shop, and the mechanic could not enter or use the shop without the defendant being present.