To establish a personal injury claim, the plaintiff must prove each element of the cause of action. In a January 19, 2021, Maryland car accident case, the only element at issue was the matter of damages suffered by the plaintiff. Although the defendant had admitted his negligence in causing the collision,…
In some cases, Maryland trip and fall accidents may be caused by building design defects, negligent contractors, or careless property owners. A person injured by a dangerous condition on real property may seek damages from the allegedly negligent or liable party in a personal injury suit, as in a recent…
For young children, lead-based paint exposure can result in long-term injuries. In a December 21, 2020 opinion, the Court of Special Appeals of Maryland reviewed a personal injury case brought by a plaintiff against a property owner. The plaintiff alleged that the defendants were negligent in maintaining the property, which caused the plaintiff’s…
Under Maryland laws, a business owner has a duty to exercise ordinary care to keep their property safe for customers. In turn, each customer has a corresponding duty to exercise care for their own safety. In some negligence cases, the assumption of risk may be a factor in determining the…
In a typical personal injury suit arising out of a car accident, the plaintiff has the burden to prove that the defendant’s negligence caused the plaintiff’s injuries. In a December 10, 2020 opinion, the Court of Appeals of Maryland reviewed a case involving an automobile collision. Following a trial, the jury…
Some Maryland medical malpractice cases may arise out of a misdiagnosed or undiagnosed condition by a health care practitioner. In a November 23, 2020 opinion, the Court of Special Appeals of Maryland reviewed a case brought by the personal estate of a cancer patient and her family against the radiologist who treated…
In some Maryland personal injury suits, the failure to follow procedural rules can have a detrimental impact on the outcome of the case. In a November 30, 2020 opinion, the Court of Special Appeals of Maryland considered whether it was appropriate for a trial court to sanction the plaintiffs’ failure to respond to…
Under certain circumstances, a person may have a duty to protect another individual from the criminal acts of a third party. An appeals court examined the relationship needed to establish this type of liability in a November 23, 2020, Maryland wrongful death case. The plaintiff in the case was the…
Testimony of a medical expert may be crucial to succeed in a Maryland medical malpractice lawsuit. In a September 2, 2020 case, the Court of Special Appeals of Maryland reviewed whether the opinion of the plaintiff’s medical expert met the requirements of the Maryland Civil Rules. The issue was raised by the defendants,…
Generally, the plaintiff has the burden of proving the elements of a Maryland personal injury claim. The evidence used in support of the claim must be admissible under the Maryland Rules of Civil Procedure. In an October 23, 2020 case, the Court of Special Appeals of Maryland considered whether the circuit court…