To establish a successful negligence claim, the plaintiff must present evidence in support of her case. The plaintiff may even have to argue her claim before trial, in an opposition to a motion for summary judgment, as in Davis v. Realty (Md. Ct. Spec. App. May 25, 2016). In Davis,…
Articles Posted in Premises Liability
Maryland Plaintiffs Defeat Summary Judgment Order on Appeal in Personal Injury Case
The Court of Special Appeals of Maryland reviewed a personal injury claim involving exposure to lead-based paint, ultimately ruling in favor of the plaintiffs. In Murphy v. Ellison (Md. Ct. Spec. App. Aug. 23, 2016), the plaintiffs sued the owners of a building in which they resided from 1992 through…
Maryland Plaintiff Pursues Negligence Claim Against General Store and Ice Cooler Company
People who are hurt on the property of another business or individual may be able to hold a negligent party responsible for their injuries, as long as that party owed them a duty of care. In Woods v. Dolgencorp, LLC (D. Md. Oct. 21, 2016), the plaintiff suffered injuries after…
Maryland Victim Pursues Negligence Claim in U.S. District Court After Escalator Accident
In some lawsuits, plaintiffs can seek to hold careless business owners responsible for their negligence. In a recent case, Reyen v. Jones Lang Lasalle Americas, Inc. (D. Md. Sept. 7, 2016), an injured plaintiff filed a negligence claim against the owner of a bus company and the property manager of…
Maryland Plaintiff Defeats Summary Judgment Motion in Premises Liability Case Against Department Store
Premises liability law holds a property owner accountable for injuries that occur on that individual’s or entity’s property. Victims often bring a personal injury claim alleging negligence on the part of the owner, as the plaintiff did in Watson v. J.C. Penney Corp., Inc. (D. Md. Nov. 30, 2015). In…
Maryland Court Allows Plaintiff to Proceed in Lead Paint Lawsuit Against Property Owner
The Court of Special Appeals of Maryland recently reviewed a case involving a property owner’s liability for exposure to lead paint. In Christian v. Levitas (Md. Ct. Spec. App. Aug. 1, 2016), the plaintiff brought a negligence claim against the defendant after blood tests revealed elevated levels of lead while…
Court of Appeals of Maryland Rules Hosts Who Allow Underage Drinking on Their Property May Be Liable to Injured Third Parties
In an important decision, Maryland’s highest state court held that a social host who illegally allows alcohol to be consumed by an underage person on his or her property owes a duty to another person injured as a result. In Kiriakos v. Phillips (Md. July 5, 2016), the Court of…
Maryland Plaintiff Wins on Appeal in Slip and Fall Case Against Convenience Store
In a victory for the plaintiff, the Court of Special Appeals of Maryland reversed summary judgment in a personal injury case, allowing her to proceed with her suit against the defendant. In Smith v. Rite Aid of Maryland, Inc. (Md. Ct. Spec. App. May 19, 2016), the plaintiff suffered injuries…
Maryland Defendant Entitled to Charitable Immunity from Liability in Lead Paint Case
In rare cases, a defendant may be relieved from liability due to immunity provided by law. In Ward v. Rebuilding Together Baltimore, Inc. (Md. Ct. Spec. App. June 8, 2016), the court was faced with the question of whether the plaintiff was barred from recovering from a charitable organization in a negligence…
Maryland Court Evaluates Circumstantial Evidence in Lead Paint Case
In a recent opinion, the Court of Special Appeals of Maryland addressed the issue of whether summary judgment against the plaintiff was properly granted in a lead paint case. In Griffin v. Jontiff (Md. Ct. Spec. App. Apr. 25, 2016), the plaintiff brought a negligence claim against several defendants, alleging…