Maryland Accident Law Blog

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.

Plaintiff’s Failure to Comply with Pre-Lawsuit Notice Results in Dismissal of Case

September 1, 2017 | Lebowitz & Mzhen

Maryland state and local governments face a significant number of Maryland accident lawsuits each year. In many cases, the government named as a defendant may concede liability and offer a settlement agreement to an accident victim in return for the victim agreeing not to pursue the case in court. However, before a government entity can make the determination of whether the accident victim’s case is meritorious, the government entity must first learn about the plaintiff’s injury.

To help expedite the process, anyone considering filing a personal injury case against a Maryland government entity must first file notice to that entity, providing certain information, including the nature of their injury, where it occurred, and what the accident victim is asking to receive. An accident victim who fails to file this pre-lawsuit notice, or files a notice that does not comply with the requirements, risks the early dismissal of their case. This is what happened in a recent premises liability case out of Georgia.

The Facts of the Case

The plaintiff was injured when he stepped in a manhole that was not covered. The plaintiff initially reported the open manhole to the police department and provided the address of 425 Chappell Road, which was at the intersection of Chappell Road and Mayson Turner Road.

Plaintiff’s Medical Malpractice Case Fails Due to Incomplete Language in Initial Pleading

August 22, 2017 | Lebowitz & Mzhen

The document that initiates a Maryland medical malpractice lawsuit against a defendant is called the complaint. Under Maryland law, a plaintiff’s complaint must be drafted according to guidelines. For example, a complaint must contain sufficiently specific allegations to put the defendant on notice regarding the lawsuit and how they were alleged to have been negligent. A recent case illustrates how one plaintiff’s failure to draft a sufficiently specific complaint resulted in a jury verdict in her favor being reversed.

The Facts of the Case

The plaintiff, a breast cancer survivor, was scheduled to have reconstructive surgery performed by the defendant. However, due to the radiation used to treat the cancer, there were risks involved with the procedure. The defendant discussed the risks with the plaintiff, and initially the plaintiff agreed to proceed with surgery on both breasts.

The plaintiff claims that she later changed her mind and revoked consent to operate on her left breast, citing concerns over the radiation. The plaintiff still wanted to proceed with reconstructive surgery on her right breast.

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 Determines Personal Injury Plaintiff Assumed the Risk of Participating in Horse Race, Preventing Plaintiff’s Recovery

August 8, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in California issued a written opinion in a personal injury lawsuit filed by a woman who was seriously injured when she was run over by a horse during a race in which she was participating. The case is important for Maryland personal injury plaintiffs because it acts as a warning, illustrating how defendants may attempt to evade liability through the doctrine of assumption of the risk.

The Facts of the Case

The plaintiff was participating in a horse race spanning either 25 or 50 miles, depending on the rider’s preference. During the race, riders were to stop at checkpoints to obtain playing cards indicating that they did indeed make their way around the predetermined circuit.

At approximately the eight-mile mark, the plaintiff was in the leading group of riders. The plaintiff dismounted her horse to obtain the playing card, as per the race rules. However, as she did so, the defendant’s horse ran into a nearby cluster of other horses, causing a chain-reaction accident. Several of the horses were startled and took off running. The plaintiff was injured when she was trampled by one of the horses.

Personal Injury Cases Based on Maryland Sports Injuries

August 1, 2017 | Lebowitz & Mzhen

Participation in sports comes with a number of benefits, including camaraderie, athleticism, and socialization. However, sports can also be dangerous, especially when the proper precautions are not taken. Generally, the school association or professional league overseeing the sport is responsible for ensuring players are reasonably safe as they participate.

On occasion, however, a league or school administration fails to take adequate precautions to guard against player injuries. Alternatively, the players may not be properly warned of the dangers involved in participating in the sporting activity, or parental consent may not be obtained prior to a student’s participation. In these situations, anyone injured as a result of their participation in the sporting activity may be entitled to compensation though a Maryland personal injury lawsuit.

Research Study Finds CTE More Common Than Originally Believed

Chronic traumatic encephalopathy (CTE) is a degenerative brain disease that is found in those who suffer repeated blows to the head. Symptoms of CTE include depression, anxiety, substance abuse, memory loss, cognitive impairment, and suicidal thoughts or actions. Over the past few years, researchers have linked CTE to participation in professional football. However, until recently, it was not understood how common CTE was among players.

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.

Court Determines Good Samaritan Was “Occupying” Vehicle as She Provided Road-Side Assistance to Accident Victim

July 17, 2017 | Lebowitz & Mzhen

Insurance companies can be one of the biggest roadblocks to a Maryland car accident victim receiving the compensation they deserve. Earlier this month, an appellate court in Rhode Island issued an interesting opinion in a car accident case involving the question of whether the plaintiff was “occupying” the insured vehicle at the time he was struck by a passing motorist. The court ultimately concluded that the plaintiff was occupying the vehicle and that the insurance company covering that vehicle should not have denied his claim.

The Facts of the Case

The plaintiff was the passenger in a car driver by her then-boyfriend. The two had just pulled up to a grocery store and were talking in the car before getting out to enter the store. As the two were talking, they heard two cars collide on an adjacent road.

The plaintiff got out of the car and approached the accident scene. As she walked behind one of the cars to get its license plate information, another vehicle came down the road, crashing into the two cars that were just involved in the accident. The plaintiff was injured as a result of this second accident.