Maryland Accident Law Blog

Pre-Suit Requirements in Maryland Medical Malpractice Lawsuits

June 1, 2018 | Lebowitz & Mzhen

In Maryland medical malpractice lawsuits, the plaintiff must follow certain procedures that are not required of other personal injury plaintiffs. Primarily, this consists of filing a compliant certificate of merit.

Under Maryland Code section 3-2C-01, the certificate of merit must contain a statement from an expert who is “knowledgeable in the accepted standard of care in the same discipline as the licensed professional against whom a claim is filed.” The affidavit must contain a statement that the defendant doctor’s care was a departure from the applicable standard of care and that the defendant’s breach of this duty was the cause of the plaintiff’s injuries.

The objective of the certificate of merit requirement is to ensure that only meritorious claims are filed and pursued. However, occasionally, the requirement can get in the way of even meritorious claims. As a recent opinion illustrates, a simple misstep by a plaintiff can result in the dismissal of their lawsuit.

Appellate Court Finds Family Negligent When Son’s Dog Bites Neighbor

May 22, 2018 | Lebowitz & Mzhen

Recently, a state appellate court issued an opinion in an appeal from a negligence lawsuit filed after a man suffered injuries because of a dog bite. The court found that the parents of a son whose dog bit their neighbor were negligent and therefore liable for the injuries the neighbor sustained. The case is relevant to Maryland dog bite cases because it illustrates the manner in which courts view these claims as well as a common theory of liability.

Facts of the Case

Animal control was called to a location because there was a report of a vicious dog. The dog was owned by the son of the couple who owned the house. When the animal control officer arrived, she attempted to capture the animal, but even with assistance, it proved difficult because the animal was aggressively charging at anyone in the vicinity. The next day, the son called animal control to report that the dog was missing. The city explained that the son must sign a form that he acknowledged the requirements of keeping and controlling an aggressive dog. The father verbally agreed to follow the requirements and keep the dog on his property, rather than at the son’s apartment.

A few months later, the animal control officer received a report that a dog bite occurred near the family’s home. Later, the owner of the dog was identified as the defendants’ son. The son was cited for not controlling his dog, and the father stated that the son and the dog are not allowed on his property. Evidently, the bite occurred when the neighbor asked if he could pet the dog, and the son agreed, stating that if the dog and neighbor became “friends,” the dog may stop charging at the fence. When the neighbor went to pet the dog, the dog jumped up, knocked him down, and bit his face. Sadly, a whole segment of the man’s face was torn off.

Court Discusses Insurance Company’s Obligations in Horse-Drawn Carriage Accident

May 15, 2018 | Lebowitz & Mzhen

Recently, a state appellate court issued a written opinion in a personal injury case requiring the court to determine if an accident victim’s claims against an insurance company fit within the underinsured/uninsured motorist (UIM) provision of the victim’s policy. After conducting a thorough analysis of the specific language used in the policy, the court concluded that the accident was not within the scope of the UIM clause and dismissed the plaintiff’s case against the insurance company.

The case is important for Maryland car accident victims because it raises an issue that often comes up in car accident cases, specifically whether an accident is covered under a motorist’s insurance policy.

The Facts of the Case

The plaintiff was riding in the rear of a horse-drawn carriage during a Christmas parade. The carriage was such that it could only be towed by an animal – either horse or mule – and could not be towed by a vehicle. After the parade, a car rear-ended the carriage, causing the plaintiff to sustain serious injuries. The plaintiff filed a personal injury lawsuit against the driver of the carriage. However, since that claim was initially denied, the plaintiff also filed a claim against their own insurance company under the UIM provision.

Plaintiff’s Failure to Accurately Describe Where Slip-and-Fall Accident Occurred Results in Dismissal of Personal Injury Case

May 8, 2018 | Lebowitz & Mzhen

When someone is injured in a Maryland slip-and-fall accident occurring on government property, or any other accident involving a government defendant, the accident victim may be entitled to monetary compensation for their injuries. However, when naming a government employee or agency as a defendant, the plaintiff must take additional steps to comply with the relevant laws governing these claims.

In Maryland, an accident victim naming a government actor as a defendant must provide notice to the Maryland State Treasurer of the accident. This notice must include the names of the people involved, a description of the accident, and the location and date of the accident, as well as other pertinent information. Accident victims have one year from the date of the accident to provide this notice. Otherwise, a court is likely to determine that the case is time-barred.

The notice requirement allows for the government agency to investigate the claim. If a plaintiff’s notice is insufficient, a court may reject the plaintiff’s claim. A recent case illustrates an example of insufficient notice provided by a plaintiff following a slip-and-fall accident.

Plaintiff’s Failure to Prove Defendant Knew of Puddle’s Existence Results in Dismissal of Premises Liability Case

May 1, 2018 | Lebowitz & Mzhen

Maryland landowners have a duty to those whom they invite onto their property to keep the property safe and to warn visitors of potentially dangerous conditions. If a landowner fails to live up to this duty, and someone is injured as a result, the victim can pursue a claim for compensation against the landowner through a Maryland premises liability lawsuit.

However, in order to establish liability in a premises liability case, a plaintiff must present evidence to prove each element of the claim. One of these elements is the requirement that the defendant had knowledge, or should have had knowledge, of the hazard causing the victim’s fall. A recent case illustrates how courts interpret this requirement, and also what it means if a plaintiff is unable to present sufficient evidence of a defendant’s knowledge.

The Facts of the Case

The plaintiff was a customer at a Walgreen’s store. As the plaintiff approached the cash register, she slipped and fell, landing on her knee. As a result of her fall, the plaintiff suffered serious injuries and filed a premises liability claim against Walgreen’s.

The Maryland Tort Claim Act and How It Affects an Accident Victim’s Right to Recovery

April 25, 2018 | Lebowitz & Mzhen

As a general rule, state actors, including employees and state-run agencies, are entitled to official government immunity when it comes to personal injury lawsuits. However, each state is free to enact certain exceptions for when an accident victim is able to pursue a claim for compensation against a state actor. Thus, all states have a tort claims act, or something similar, in which the waiver of official government immunity is discussed.

Maryland’s Tort Claims Act (MTCA) is different in that it broadly waives immunity for cases involving damages totaling less than $200,000. Thus, in Maryland, rather than immunity completely barring an accident victim from recovering damages for their injuries, the Tort Claims Act merely limits their recovery. However, immunity is not waived when the government actor’s actions are determined to be grossly negligent. A recent case discusses how this can play out in a Maryland wrongful death lawsuit against a government official.

The Facts of the Case

The plaintiffs were the parents of a man who was killed while an inmate in a Maryland prison. According to the court’s recitation of the facts, the man was killed by another inmate. The case proceeded to trial against several inmates as well as the State of Maryland. At the conclusion of the case, the jury found that several corrections officers were “negligent,” and one correctional officer in particular who was tasked with supervising the inmates had acted grossly negligently.

Court Dismisses Slip-and-Fall Plaintiff’s Case Based on Conflicting Testimony

April 16, 2018 | Lebowitz & Mzhen

Recently, a state appellate court issued a written opinion in a personal injury case involving a plaintiff’s conflicting testimony, requiring the court to determine which version of the plaintiff’s testimony to credit. The case presents a valuable lesson for Maryland slip-and-fall accident plaintiffs in that it illustrates how courts analyze cases in which a party offers two versions of the same event. Ultimately, in this case, the court concluded that the version of the facts that least favored the plaintiff should be credited, resulting in the court granting the defendant’s motion for summary judgment.

The Facts of the Case

The plaintiff was an office manager at a tax-preparation business that was located in a business owned by the defendant. One day, the plaintiff arrived to open the store and went toward the back office to turn on the lights. As the plaintiff approached the rear of the office, she slipped after stepping in a puddle of water that had accumulated on the floor.

When asked in a pre-trial interrogatory, the plaintiff explained that it was not raining on the day of her accident. She also explained that she was aware of previous flooding and, in fact, knew that the office flooded the night before her fall. However, an employee had cleaned up the water by the time the plaintiff had left.

Court Upholds Government Immunity in Recent Hiking Accident Case

April 9, 2018 | Lebowitz & Mzhen

Recently, a state court issued a written opinion in a personal injury case involving a young man who was seriously injured while hiking in a city-owned park after hours. The case required the court to determine if the city was entitled to government immunity regarding the plaintiff’s claim that the city should have installed a retaining wall near the trail’s edge. Ultimately, the court concluded that the city was entitled to immunity because the plaintiff’s allegations involved the design of the trail, which was covered under the state’s official immunity.

The case is important for Maryland premises liability plaintiffs because Maryland courts apply similar laws in cases against local governments.

The Facts of the Case

The plaintiff and several friends snuck into a city-owned park after dark to go “ghost hunting.” While the plaintiff was making his way down a steep embankment to the trail below, he lost his footing, fell, and rolled down the hill. When the plaintiff reached the trail, he was traveling with so much momentum that he slid across the trail and over the ledge. The plaintiff fell about 10 feet before landing on the ground and then slamming into a tree.

Court Discusses Admissibility of Social Media Evidence in Recent Personal Injury Case

April 2, 2018 | Lebowitz & Mzhen

Recently, a state appellate court issued a written opinion in a personal injury case that presents an interesting issue that frequently comes up in Maryland personal injury cases. The specific claim at issue was over the defendant’s access to the plaintiff’s private Facebook account.

The court ultimately concluded that the defendant met the necessary showing that the requested evidence was material and would likely lead to the discovery of relevant evidence. Thus, the court compelled disclosure of some of the information, posts, and photographs in the plaintiff’s private Facebook account.

The Facts of the Case

The plaintiff suffered a serious brain injury while riding a horse that was owned by the defendant. The plaintiff filed a personal injury claim against the defendant. In her claim, the plaintiff noted that while she used to be very active on social media and enjoyed traveling, cooking, etc., she could no longer enjoy these activities because she had a difficult time composing messages that made sense. She also claimed that she had become reclusive, and, while she used to post on social media “a lot,” she rarely did so after the accident.

Court Finds in Favor of Plaintiff Attacked by a Pack of Dogs

March 26, 2018 | Lebowitz & Mzhen

Earlier this month, an appellate court handed down a decision in a personal injury case involving a plaintiff who was seriously injured after she was attacked by several dogs belonging to the defendant. The case required the court to determine whether the owner of the dogs could be held strictly liable for the injuries caused by the dogs. Additionally, the court had to determine if the plaintiff’s potential negligence in bringing about her own injuries should factor into the jury’s decision.

The case presents several interesting issues for Maryland dog bite victims because Maryland law applies a similar standard to that which is applied in the case. However, under Maryland’s contributory negligence law, a plaintiff who is found to be even the slightest bit at fault for her own injuries will be precluded from recovery. Thus, while the laws applied in the case are different in some ways from those in Maryland, the case is still illustrative of how a similar case could proceed in a Maryland courtroom.

The Facts of the Case

The plaintiff, who was on a friend’s property hunting squirrels, was attacked by a pack of dogs belonging to the defendant. The plaintiff brought a personal injury lawsuit against the dogs’ owners, arguing that the owner of a dog is strictly liable for any injuries caused by the dog. Thus, under the plaintiff’s argument, there need not be a showing of negligence in order for a dog’s owner to be found liable; proof of ownership is sufficient to establish liability.