Maryland Personal Injury Blog

Maryland Court Discusses Liability for Accidents Caused by Fallen Trees

September 24, 2024 | by Foran & Foran, P.A.

Although negligence plays a role in the vast majority of car accidents, some collisions occur due to dangerous conditions that are beyond anyone’s control. For example, weather conditions can cause trees to fall and create obstructions in roadways that ultimately lead to crashes. As explained in a recent Maryland ruling, the courts will not impose liability on a property owner if a party suffers harm due to a tree that falls onto a roadway from their property unless the injured party can establish the property owner had actual or constructive notice of the risk of harm presented by the tree. If you were hurt in a motor vehicle accident caused by another party’s careless acts, you might be owed compensation, and you should speak to a Maryland car accident lawyer as soon as possible.

The Facts of the Case

It is reported that the plaintiff was driving on a public Maryland road when he crashed into a tree limb. He suffered significant property damage and bodily injuries in the collision and subsequently filed a lawsuit seeking compensation for his losses from the owners of the properties that were adjacent to the roadway where the accident occurred. In his complaint, he set forth claims of negligence and negligence per se against the defendants based on the belief that the tree limb in the roadway fell from one of their properties. The defendants moved for summary judgment, and the court granted their motion. The plaintiff then appealed.

Liability for Accidents Caused by Fallen Trees

On appeal, the court affirmed the trial court ruling. The court explained that in order to establish the defendants’ negligence, the plaintiff was required to show that they owed him a duty of care, they breached the duty, and the breach proximately caused the plaintiff’s harm and ultimate damages. In determining whether a defendant owed a duty to a plaintiff, a court will assess multiple factors, including the foreseeability of harm to the plaintiff. Continue Reading ›

Court Discusses Establishing Liability in Maryland Slip and Fall Cases

September 24, 2024 | by Foran & Foran, P.A.

Slip and fall accidents are a common occurrence in Maryland. While in many instances, such falls are brought about by dangerous conditions that arose due to the negligent maintenance of the property, simply showing that a harmful condition caused a fall is insufficient to establish liability. Rather, as discussed in a recent Maryland ruling, the injured party must also demonstrate that the property owner knew or should have known of the presence of the condition. If you were hurt in a fall on someone else’s property, you might be able to recover damages, and it is in your best interest to confer with a Maryland personal injury lawyer about your potential claims.

The Plaintiff’s Fall

It is alleged that the plaintiff lived in an apartment building owned by the defendant. In September 2018, she fell and fractured her wrist when she was climbing a stairway in a common area of the building. The stairway was the only means by which she could access her third-floor apartment. She subsequently filed a personal injury lawsuit against the defendant, alleging he negligently maintained the property and was, therefore, responsible for her harm. Specifically, she alleged that the tread on the stairway was worn down, making the surface slippery. Following the close of discovery, the defendant moved for summary judgment. The trial court granted the motion, and the plaintiff appealed.

Establishing Liability in Maryland Slip and Fall Cases

On appeal, the court affirmed the trial court ruling. The court explained that in a negligence action, the plaintiff must establish four elements. Specifically, they must show that: the defendant had a duty to protect the plaintiff from harm, the defendant breached the duty, the plaintiff suffered actual losses or injuries, and the harm sustained was proximately caused by the defendant’s breach. Continue Reading ›

Court Examines Maryland’s Doctrine of Parent-Child Immunity

September 6, 2024 | by Foran & Foran, P.A.

Under Maryland law, children cannot recover damages in tort from their parents. In other words, the doctrine of parent-child immunity generally bars minor children from pursuing negligence claims against their parents, with few exceptions. Recently, a Maryland was tasked with determining whether such immunity survives the death of a child, in a case in which an infant tragically drowned at his father’s home. If you lost a child due to the negligence of another party, you should speak to a Maryland personal injury lawyer to determine whether you may be able to recover damages in a wrongful death claim.

The Child’s Death

It is reported that the plaintiff and the defendant were co-parents of a twenty-one-month-old son. Pursuant to a consent order between the parties, the mother had full and permanent physical custody of the child. In July 2016, the child was at the defendant’s home for visitation during a time when the defendant was hosting a party.

Allegedly, during the course of events, the child tragically fell into a pool in the defendant’s backyard and drowned. The mother filed a lawsuit against the defendant, alleging his negligence led to the fatal accident. The defendant moved to dismiss the plaintiff’s claims on the grounds that they were barred by the doctrine of parent-child immunity. The court ultimately granted the defendant’s motion and the plaintiff appealed. Continue Reading ›

Maryland Court Explains Apparent Agency in Medical Malpractice Cases

September 5, 2024 | by Foran & Foran, P.A.

Under Maryland law, employers can be deemed vicariously liable for the negligent acts of their employees. For example, if a patient suffers harm due to incompetent treatment in a hospital setting, both the doctor that rendered the care and the hospital may be held accountable. When a doctor is an employee of the hospital, establishing vicarious liability is relatively straightforward. If the doctor is an independent contractor, though, proving a hospital’s liability can be more challenging, as discussed in a recent ruling issued by a Maryland court. If you were injured by a reckless health care provider, it is wise to talk to a Maryland medical malpractice lawyer about your options for seeking compensation.

Facts of the Case

It is alleged that the plaintiff was transported to the trauma center of the defendant hospital after he suffered critical injuries in a car accident. He sustained further harm when the defendant trauma surgeon negligently performed surgical procedures on the plaintiff’s legs and neglected to provide proper follow-up care. The plaintiff subsequently had to undergo bilateral amputations of his legs above the knee.

Reportedly, the plaintiff filed a medical malpractice lawsuit asserting medical negligence claims against the defendant trauma surgeon and vicarious liability claims against the defendant hospital. The case proceeded to trial, and the jury found in favor of the plaintiff. The defendant hospital moved for JNOV. The court granted the defendant’s motion, after which the plaintiff appealed. Continue Reading ›

Maryland Court Analyzes Liability for the Suicide of a Third Party

September 4, 2024 | by Foran & Foran, P.A.

Many Marylanders struggle with mental health issues. While treatment is effective in many cases, some people tragically cannot overcome their illnesses and lose their lives to suicide. Questions often arise as to what liability, if any, can be imposed on parties that were aware of a person’s suicidal ideation and inadvertently aided them in taking steps to end their lives. This was illustrated in a recent Maryland case in which the court analyzed whether a store could be deemed negligent for selling an employee a firearm despite knowledge of his suicidal ideation. If you lost a loved one due to another party’s negligence, it is prudent to meet with a Maryland personal injury lawyer to examine your potential claims.

Factual Background

It is reported that the decedent had a history of depression and battled suicidal ideation since he was a child. He was diagnosed with major depressive disorder in June 2019. He worked at a supercenter that sold firearms, and at least three of his coworkers were aware of his mental health history. In October 2019, he began experiencing a mental health crisis and entered the hospital for three days. He sent text messages to his coworkers, informing them he was suffering from crippling depression and had attempted suicide.

Allegedly, the decedent’s coworkers discussed adding him to a blacklist that would bar him from purchasing firearms, and his supervisor stated that he would but failed to do so. The decedent returned to work, purchased a firearm, and died by suicide in the parking lot. His parents filed a lawsuit against the supercenter, arguing that its negligence led to the decedent’s death. The defendant moved for judgment on the pleadings. Continue Reading ›

Maryland Court Discusses Emotional Injuries Brought About by Property Damage

April 5, 2024 | by Foran & Foran, P.A.

Generally, people seeking damages in personal injury lawsuits will allege that they suffered bodily harm. While plaintiffs can usually recover compensation for physical injuries they suffered as a result of someone else’s negligence, they cannot recover damages for emotional injuries caused by learning about or witnessing property damage. There are exceptions to the general rule, though, like the personal safety exception, as discussed in a recent Maryland case. If you suffered emotional harm due to another party’s carelessness, it is advisable to contact a Maryland personal injury lawyer to discuss whether you might be owed damages.

The History of the Case

It is reported that the defendant crashed his truck into the plaintiffs’ house in September 2019. The accident occurred early in the morning. While the plaintiffs were home at the time of the incident, they did not sustain any physical harm. They suffered emotional injuries, however, and subsequently sought compensation from the defendant in a personal injury lawsuit. After the completion of discovery, the defendant moved for summary judgment, arguing that the plaintiffs could not recover damages for emotional injuries brought about by witnessing damage to their property. The trial court granted the defendant’s motion, and the plaintiffs appealed.

The Personal Safety Exception

On appeal, the trial court ruling was reversed. In Maryland, a plaintiff ordinarily cannot recover compensation for emotional injuries caused by witnessing carelessly inflicted injury to their property. There are exceptions, however, including the personal safety exception. The court explained that the personal safety exception allows for recovery when the defendant’s carelessness caused property damage that subsequently causes emotional harm that is brought about by the plaintiff’s reasonable fear for their own safety or for the safety of their family members. Continue Reading ›

Maryland Court Discusses Establishing a Property Owner’s Liability For an Accident

April 4, 2024 | by Foran & Foran, P.A.

Under Maryland law, property owners generally have an obligation to maintain their premises in a safe condition to prevent visitors from suffering harm. Simply because an accident occurs at a property does not mean that the owner neglected its duties, though. Instead, a property owner will usually only be held liable for harm if it was caused by a dangerous condition on their premises that the owner knew or should have known of, as discussed in a recent Maryland case. If you were hurt in a trip and fall accident on someone else’s property, you might be able to recover compensation, and you should speak to a Maryland premises liability lawyer about your potential claims.

History of the Case

It is reported that the plaintiff suffered injuries when she stepped off of a curb and fell into a six inch depression in a shopping center parking lot owned and managed by the defendant. She filed a premises liability lawsuit against the defendant, alleging that it negligently failed to inspect and maintain the subject lot. The defendant moved for summary judgment, arguing that it did not owe a duty to the plaintiff or have a duty to inspect the lot for conditions of which it had no prior knowledge. The court agreed and granted the defendant’s motion. The plaintiff appealed.

Establishing a Property Owner’s Liability

The trial court’s ruling was affirmed on appeal. In Maryland, a property owner may be liable for physical harm invitees suffer due to a dangerous condition on their land, but only if they know or reasonably should know that the condition presents a reasonable risk of harm to visitors, that said visitors are unlikely to discover the condition, and the owner fails to protect them from the potential danger. Continue Reading ›

The first financial petition filed in the Key Bridge accident in US District Court

April 4, 2024 | by Foran & Foran, P.A.

The owner of the ship that is responsible for the Key Bridge collapse has filed a petition to seek a cap on damages at 43 million dollars. The complaint asks the court to consolidate all claims and limit or deny liability under the limitation of liability act of 1851. Plaintiffs with a claim against the ship or responsible party will try to break the limit on liability. According to the petition filed in court on Monday, the value of the Dali was 90 million when it left the Port of Baltimore. repair of the ship is expected to cost at least 28 million. Salvage of the ship is likely going to cost at least 19.5 million. It is unclear if the estimates of value will be accepted or disputed by the interested parties. There is still a search for additional bodies that are missing.

Continuing reports on the key bridge accident developments

March 31, 2024 | by Foran & Foran, P.A.

We should all be able appreciate the sheer physics of riding on a nearly one thousand foot long cargo container ship. This ship is roughly the size of the Empire State Building. Trying to navigate the waters and bridges with this type of vessel is no easy task no matter the skill of the operator.

Much continues develop every day with the surviving structures of the bridge, the port of the vessel, and the hazmat containers. There are reports of several containers that have either entered the water or have been breached. The hazards in the area including the cold temperatures, debris, potential hazardous materials in the water all make navigating the waters challenging. There is also a reported sheen on the water at the scene. Containers have shifted and could be in danger falling. State and Federal agencies have been and are still on the scene with divers and drones. We are finding now that the minutes leading up the collision, alarms were sounded as the ship was out of control. Power was out and the major systems of the vessel were out of order.

According to the Baltimore City Fire Department, salvage continues to occur as waste is removed. The vessel data recorder is the recording device on the marine vessel that measures activity. These devices are not as good as black boxes but do provide data. Evidence from the engine room data would certainly help to diagnose the issues leading to any crash. Currently, the technology does not exist to show immediately if the failure was mechanical or electrical.

Key Bridge collapse and traffic

March 27, 2024 | by Foran & Foran, P.A.

Traffic will be seriously impacted after the collapse of the Francis Scott Key Bridge on March 26, 2024, along Interstate 695 in Baltimore, Maryland. Following the early morning accident which was caused by a vessel that crashed into the bridge, drivers were immediately directed to take alternate routes through the city. The Maryland Transportation Authority said all lanes were closed on I-695. Most drivers can take Interstate 95, the Fort McHenry Tunnel, or Interstate 895, the Baltimore Harbor Tunnel, as alternate routes of travel. However, the Maryland Transportation Authority reminds drivers that vehicles carrying hazardous materials, including more than 10 pounds of propane, are not allowed in the tunnels. Additionally, vehicles more than 13-feet and 6-inches high or 8-feet wide may not use the 1-895 Baltimore Harbor Tunnel. Vehicles more than 14-feet and 6-inches high or 11-feet wide may not use the I-95 Fort McHenry Tunnel. Those vehicles should use the western portion of I-695 instead. An estimated 35,000 people used the bridge on a daily basis.

All vessel traffic into and out of the Port of Baltimore is suspended until further notice. The Port of Baltimore handled more than $80 billion in imports and exports in 2023, according to census data.

Bridge collapse accidents are rare. A search of the internet will reveal many ship collisions causing major injuries and damages.