Maryland Accident Law Blog

What Marylanders Should Do After a Product Recall

December 6, 2021 | Lebowitz & Mzhen

In the unfortunate event of the recall of a product owned by a Maryland consumer, the first step is to get rid of the affected product. The recall will have details on how to properly dispose of the product and may include returning it or throwing it away. Affected consumers also generally will be entitled to a refund or a replacement, depending on the recall, so they should check the notice for how to get reimbursed for the damaged product. Registering a product after purchase is useful because it may alert consumers to product recalls and may allow them to get reimbursed easily. Any consumer who believes they may have suffered because of a defective product should consult with a Maryland product liability lawyer as soon as possible.

Are companies liable for injuries caused by recalled products?

A product recall is a sign that the product was defective and that the company may be liable for injuries caused by the product. The type of claim a consumer may file after an injury depends on the circumstances surrounding the injury and the type of defect. In a negligence claim, the consumer generally must show that the defendant owed the consumer a duty, that the defendant breached that duty by manufacturing or selling a dangerous product, that the product’s defect caused the consumer’s injuries, and that the consumer suffered damages. In a strict liability claim, the consumer does not need to prove that the defendant was negligent in any way.

The consumer must prove only that the product was defective at the moment it left the defendant’s control, that there was no substantial change in the product’s condition when it reached the consumer, that the product was unreasonably dangerous, and that the product’s defect caused the consumer’s injuries. In any event, a consumer should consult with an experienced attorney as soon as possible who can evaluate their claim.

Filing a Claim After a Personal Watercraft Accident in Maryland

November 24, 2021 | Lebowitz & Mzhen

Personal watercraft accidents can cause serious and lasting injuries. There were 155 reportable Maryland boating accidents in 2020, according to the state. 64 of those accidents resulted in injuries and there were seven deaths. Filing a Maryland injury claim after a personal watercraft accident may be the only way victims can hold others responsible and recover compensation for injuries. In this type of claim, a victim must generally show that the defendant in the case acted negligently and caused the victim’s injuries. Boating accidents can be complicated and in some cases, there may be disputes about which law applies in a certain jurisdiction.

A recent case involving a near-collision between a surfer and a city lifeguard operating a personal watercraft is an example of the complex laws and disputes that can arise in such cases. In that case, the surfer was surfing by a public beach when the lifeguard made an abrupt left turn in front of him, according to the surfer. The surfer alleged that he had to dive off of his surfboard in order to avoid a collision. The surfer hit his head on the ocean floor and suffered serious injuries as a result. He used a wheelchair full time as a result. The surfer and his wife filed a lawsuit against the city and the lifeguard, arguing that the lifeguard was negligent.

The case went to trial and the jury found in favor of the defendants. On appeal, the plaintiffs argued in part that the trial court made an error by failing to tell the injury that a basic default speed law applied in this situation, according to a state navigation code. The section of the code reflects a default speed limit of five miles per hour for vessels that are operated in certain waters. The law states that an operator is guilty of an infraction if the operator uses a vessel at a speed in excess of five miles per hour in certain areas, within 100 feet of another person that is surfing or doing certain activities in the water. The plaintiffs had requested that the court instruct the jury about this law, but the judge found that the law did not apply to city lifeguards.

The Importance of an In-Depth Investigation in Maryland Accident Cases

November 19, 2021 | Lebowitz & Mzhen

Immediately after a car accident, it may be hard to think clearly because of the adrenaline of the moment. It is crucial, however, to take several steps toward documenting the accident, if you are able, so that you can both aid in your personal stake in recovering following the collision, and also help with ongoing investigations by local authorities into your crash.

According to a recent news report, Maryland State Police are investigating a crash involving multiple vehicles. Troopers responded to a report of an accident with four vehicles, where a preliminary investigation showed that a Volvo tractor-trailer collided with the rear of a Dodge caravan, which pushed the Dodge off the road and into the jersey wall. The tractor-trailer then crashed into the rear of a Hyundai and sideswiped a Toyota. The driver of the Dodge was transported to a local hospital for treatment, where she later died from her injuries. The Hyundai driver was also transferred to a hospital for treatment. Maryland State Police and their Crash Team are still investigating the cause of the accident.

Determining what exactly happened in the course of a collision, especially one with multiple parties, is crucial. Whether it’s the parties involved in the accident or the insurance companies, knowing exactly what took place is important both for subsequent disputes and for maximizing your chances of receiving compensation.

Roadside Accident Victims in Maryland May Be Eligible for Compensation

November 11, 2021 | Lebowitz & Mzhen

Maryland state troopers are looking into a recent Maryland roadside crash in which a AAA worker was killed while changing a tire. According to one news source, the AAA worker had just finished changing a flat tire on I-70 in Marriottsville when a pickup truck driver hit him and his work van. Investigators are still trying to determine what caused the crash, including possible factors such as distracted driving and speed. The crash occurred at around 11:30 in the morning. The worker was wearing a safety vest and the emergency lights on the work van were flashing.

A AAA Public and Government Affairs Manager said that the crash highlighted the dangers that first responders, police, tow truck drivers, and EMS face every day on the side of the road while assisting others. A AAA representative reported that this was the sixth worker killed on the job within the last six months. A recent AAA survey found that 75 percent of first responders in Maryland report that drivers do not move over or slow down.

Maryland’s Move Over, Slow Down Law and Its Consequences

When Maryland drivers approach emergency, tow truck, law enforcement, transportation, and utility vehicles that are stopped, standing, or parked on the highway with their lights flashing, drivers must move over. If drivers cannot safely move over, then they must slow to a reasonable and safe speed considering the conditions. The law originally applied only to first responders and law enforcement but later expanded to include tow truck drivers. Violators of the law may be fined and may be charged with criminal charges in some cases. They also may be subject to civil lawsuits if anyone is injured as a result.

Maryland Appeals Court Finds Expert Testimony Wrongfully Excluded Despite Failing to Review Patient’s Medical Records

October 31, 2021 | Lebowitz & Mzhen

Expert testimony is essential in many Maryland accident cases. A Maryland appeals court recently issued a decision in part on whether a court was wrong in excluding expert testimony, despite not having reviewed the patient’s relevant medical records. In that case, the plaintiff filed a malpractice claim against a doctor and his practice, claiming that she suffered a permanent loss of feeling in her tongue after the doctor allegedly severed lingual nerves in her jaw while he was taking out her wisdom teeth. She claims the doctor failed to take proper precautions when extracting her teeth, including failing to obtain a CT scan of the plaintiff’s mouth and nerves because she had impacted teeth, by failing to administer steroids immediately after the nerve injury, and by failing to immediately refer the patient to a nerve surgeon specialist.

The judge dismissed the case, in part because he excluded the expert testimony presented by the plaintiff. The plaintiff had two expert witnesses in the case: Dr. Kramer and Dr. Kotikian. The judge found that the opinion of Dr. Kramer was inadmissible in part because he had not reviewed the notes and records from the plaintiff’s treatment. The judge also found the opinion of Dr. Kotikian was inadmissible because he found that inferences of negligence can only be drawn when the alleged injury would not have occurred in the absence of medical negligence. The judge also found the plaintiff was contributorily negligent because she failed to attend follow-up appointments. The plaintiff appealed the decision.

When Is Expert Witness Testimony Necessary in Maryland?

Under Maryland Rule of Evidence 5-702, expert testimony may be admitted in a personal injury case if the court finds that the expert testimony will be helpful in understanding evidence or deciding a fact in the case. A court should determine: if the expert witness is qualified based on knowledge, skill, experience, training, or education; if the expert testimony is appropriate on the issue, and; if there is sufficient factual support for the testimony.

Maryland Police Investigation Two Fatal Crashes in Recent Weekend in Cecil County

October 24, 2021 | Lebowitz & Mzhen

State police in Maryland are investigating two fatal crashes that occurred on a recent weekend in Cecil County, Maryland, according to one news source. In the first fatal crash, according to a preliminary investigation, shortly before 10 pm on a Saturday night, a driver was driving a car southbound on MD 272 in North East, Maryland when she struck a pedestrian who was crossing the road. The pedestrian, a 39-year-old woman from Elkton, Maryland, died at the scene of the crash. Law enforcement was deciding whether any charges would be filed in the case. The second fatal crash occurred in the same area just a few hours later. According to a preliminary investigation, the crash occurred around 2 am when a Jeep Cherokee drove southbound in the northbound lanes on MD 272. The Jeep crashed into a Ford F-250 head-on which had been traveling northbound. The driver of the Jeep died as a result. He was 60 years old and was from Delaware.

Filing a Claim After a Fatal Crash

In the tragic event of the death of a loved one, the family members of the victim may be able to file a wrongful death claim against any parties responsible for the loss of the victim. Under Maryland’s Wrongful Death Act, certain surviving family members can file a lawsuit after their loved one’s death to seek to hold responsible parties liable and to seek compensation. A wrongful death claim may provide surviving family members with compensation for the losses suffered due to their loved one’s death, including loss of companionship, loss of financial support, and more.

In a wrongful death claim after a fatal crash, similar to other negligence lawsuits, the plaintiff has to prove: that the defendant owed the victim a duty of care; that the defendant failed to meet the standard of care by acting or failing to act in some way; that the defendant’s breach of the standard of care caused the victim’s injuries; and that the plaintiff suffered damages. A plaintiff has the burden to prove that it was more likely than not that the victim’s injuries were caused by the defendant’s conduct.

Maryland Man Killed After Car Crashes into His Home

October 17, 2021 | Lebowitz & Mzhen

While individuals are more likely to get into a car or truck accident while they are driving, there is the possibility of getting injured by a car in other situations. Whether they are hurt in a vehicle or in their home, after someone is hurt in an accident, they can bring a personal injury lawsuit against the responsible party. In doing so, the plaintiff hopes to receive damages—to help them both financially and emotionally recover. But damages greatly widely depending on the facts of the case and where the case is filed.

A 68-year-old Maryland man was recently killed in his home when a pick-up truck crashed into his house. The man was sleeping in a chair in his living room when the truck crashed through the house and pushed him through the wall. Before crashing into the house, the pick-up truck veered off the road and struck a utility pole. The police are investigating the accident.

In cases like the one above, either an injured person or his family—if he is killed—can pursue monetary damages by bringing a lawsuit against the person who caused the accident. Every state differs in the total amount of damages a victim can receive, along with the types of damages a jury can award the plaintiff.

Covering the Rising Costs of Medical Bills After a Maryland Accident

October 11, 2021 | Lebowitz & Mzhen

A Maryland car accident can have significant consequences on a victim’s financial, medical, and psychological standing. Under Maryland’s “at-fault” model of recovery, the “at-fault” party is responsible for compensating the victim for property damage, medical expenses, lost wages, pain and suffering and other economic damages. However, in many cases, the at-fault party refuses to take responsibility for the accident. In those situations, the injury victim’s insurance company is responsible for any property damage. The injured party’s insurance company will attempt to collect from the at-fault party’s insurance company. However, like every aspect of a car accident, unexpected issues often arise, and collecting damages can be a challenging experience.

One of the most frustrating aspects of an accident occurs when insurance coverage does not cover the extent of a person’s losses. This tends to occur after particularly catastrophic accidents. In these cases, the injury victim or their loved ones may go after the at-fault party directly. It is imperative to retain an attorney to assist through this process. An attorney can ensure that their clients recover the damages they deserve.

This is especially important with the rising costs of healthcare in the country. The New York Times recently reported on a tragic case that highlights the impact medical bills can have on a family’s livelihood. In that case, a family with seemingly good health insurance lost their premature daughter after contracting an infection while in the neonatal intensive care unit. A few months after their daughter’s death, they received various medical bills and debt collection notices from insurance companies. The insurance company inadvertently paid the hospital for care and turned to the family to cover their losses. Experts explained that these instances speak to the unpredictability of the American healthcare billing process. In many cases, patients and their loved ones do not understand what their medical costs are until they receive a bill.

Recovering After a Maryland Public Transit Bus Accident

September 30, 2021 | Lebowitz & Mzhen

Although most people think of accidents as between two cars, buses or commuter trains are often involved in major collisions also. When the Maryland accident involves a municipal bus associated with public transportation provided by the state as the at-fault party, however, there are a number of special requirements that potential plaintiffs must understand and keep in mind when pursuing their claim in court.

According to a recent local news report, a Metro bus was part of a multiple vehicle car accident. Local authorities reported that the Metro bus was proceeding southbound when it lost control and veered into one car, which caused a chain reaction with several other vehicles. The front end of the bus eventually crashed into a Honda Pilot, where it came to a stop. Pictures of the scene posted by local fire and EMS officials show a maroon SUV trapped under the Metro bus and at least one other vehicle with significant front-end damage. First responders arrived on the scene and six patients required evaluation, including two who had serious but non-life-threatening injuries. Four of the people involved were transported to local hospitals for further treatment. The accident remains under investigation.

If you have been involved in a similar accident where a Metro, municipal bus, or commuter train is the at-fault party in an accident, you may be considering filing a personal injury lawsuit to recoup compensation for your injuries or damaged property. To bring a successful claim following this kind of accident, potential plaintiffs would be suing the Maryland Transit Administration or one of its employees, which is essentially a lawsuit against the State of Maryland.

Notice Requirements in Maryland Medical Malpractice Claims

September 23, 2021 | Lebowitz & Mzhen

Maryland medical malpractice lawsuits have certain requirements that are not necessary for other personal injury claims. Most importantly, before filing a Maryland medical malpractice claim, a claimant must file a certificate of a qualified expert.

What Are the Requirements of a Medical Malpractice Lawsuit in Maryland?

Under MD Cts & Jud Pro Code § 3-2A-04 (2019), a certificate of a qualified expert must be filed within 90 days from the date of the complaint, attesting to the defendant’s departure from the standard of care and that the departure is the proximate cause of the alleged injury. The certificate must be served on all other parties to the medical malpractice claim. The 90-day deadline may also be extended in some circumstances. The requirement to obtain a certificate of a qualified expert is meant to curb meritless medical malpractice claims. If a defendant disputes liability, the defendant is required to file a certificate of a qualified expert within 120 days from the date the claimant or plaintiff served the certificate, which must detail the defendant’s compliance with the standard of care or that the deviance from the standard of care was not the proximate cause of the alleged injury. Failing to follow the state’s requirements for medical malpractice claims can result in the dismissal of the lawsuit.