Maryland Personal Injury Blog
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.
The court noted that under Maryland law, property owners generally will not be held liable for physical injuries suffered by other parties due to the natural conditions of their land. There is an exception, though, in cases in which a person driving on an urban road suffers harm due to a property owner’s failure to prevent an unreasonable risk of harm created by the trees on their property that are near the road.
In order to impose such liability, the plaintiff must show that the property owner knew or should have known of the tree’s dangerous condition. In the subject case, the court found that the plaintiff failed to offer evidence sufficient to establish that the defendants had notice of the risk of harm presented by the trees on their property. Thus, the courts affirmed the trial court ruling.
Confer with an Experienced Maryland Attorney
Generally, a plaintiff seeking to recover compensation in a lawsuit arising out of a car accident must establish that the defendant’s acts or omissions directly contributed to their harm, and if they cannot, their claim may be dismissed. If you were hurt in a collision, you have the right to seek damages from the party responsible for your losses, and you should confer with an attorney regarding your potential claims. The experienced Maryland personal injury attorneys of Foran & Foran, P.A. are well-versed in what it takes to obtain favorable results in car crash cases, and if you engage our services, we will advocate zealously on your behalf. Our office is located in Greenbelt, and we frequently represent parties in auto accident cases in cities in Prince George’s County and Montgomery County. You can contact us through our form online or by calling us at (301) 441-2022 to set up a confidential and free meeting.