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 ›