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.

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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.

The court went on to state that in a premises liability case, to demonstrate the defendant breached a duty owed to the plaintiff, the plaintiff must not only show that a dangerous condition existed on the premises but also that the defendant possessed actual or constructive knowledge of the condition. In the subject case, the court found that the plaintiff failed to demonstrate that the defendant had actual knowledge of the condition of the tread or that a factual dispute existed on the issue of constructive notice. Thus, the court affirmed the trial court ruling.

Speak to a Trusted Maryland Attorney

Slip and fall accidents can cause painful and debilitating injuries, and property owners that negligently fail to prevent falls by maintaining their property in a safe condition should be held accountable. If you suffered harm in a fall, it is smart to speak to an attorney about your options for seeking damages as soon as possible. The trusted Maryland personal injury attorneys of Foran & Foran, P.A. can advise you of your rights and help you to seek the best legal outcome possible under the facts of your case. Our office is located in Greenbelt, and we regularly represent parties in slip and fall lawsuits in cities in Prince George’s County and Montgomery County. You can contact us via our form online or by calling us at (301) 441-2022 to set up a confidential and free conference.

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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.

Maryland’s Doctrine of Parent-Child Immunity

On appeal, the court affirmed the trial court ruling. The court explained that the doctrine of parent-child immunity prohibits a child from recovering damages in tort from their parent. The court noted that there are four exceptions to the doctrine, however.

Specifically, it does not apply in cases in which both the child and the parents were adults at the time of the allegedly negligent act, or bar a minor child from pursuing claims against a parent’s business partner for injuries sustained while working at the parent’s company. It also does not apply where the parent’s criminal conduct shattered the family relationship beyond further impairment by a lawsuit. The remaining exception is statutory.

The court ultimately affirmed that the doctrine of parent-child immunity survives the death of a child, and that none of the exceptions applied in the subject case to permit the plaintiff to pursue her claims.  As such, it affirmed the trial court ruling.

Talk to a Dedicated Maryland Attorney

The sudden death of a child can cause unimaginable grief, and parents who lose their children due to the carelessness of others have the right to seek justice via civil claims. If you suffered the loss of a child due to someone else’s negligence, you should talk to an attorney about your options. The dedicated Maryland personal injury attorneys of Foran & Foran, P.A. have ample experience handling wrongful death claims, and if we represent you, we will fight to help you seek the outcome you deserve. Our office is located in Greenbelt, and we regularly represent parties in wrongful death lawsuits in cities in Prince George’s County and Montgomery County. You can reach us via our form online or by calling us at (301) 441-2022 to set up a confidential and free conference.

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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.

Establishing a Hospital’s Vicarious Liability for a Doctor’s Negligence

On appeal, the court found in favor of the plaintiff. Under Maryland law, a hospital will generally not be deemed liable for the negligence of independent contractors on its staff. There are exceptions, however, such as when an actual or apparent agency relationship exists between the hospital and the independent contractor.

The court explained that whether an actual agency relationship exists depends, in part, on the perspective of a reasonable agent, while the existence of an apparent agency relationship relies on the perspective of a reasonable third party. In the subject case, the court ultimately ruled that there was adequate evidence to find the hospital vicariously liable for the defendant trauma surgeon’s negligence. Specifically, the defendant hospital represented that an agency relationship existed, the plaintiff relied on that representation, and his beliefs were reasonable. As such, the court reversed the trial court ruling in favor of the defendant.

Meet with a Knowledgeable Maryland Attorney

When people go to the hospital, they expect to receive competent care, but unfortunately, some physicians hurt rather than heal their patients. If you were injured by the carelessness of your treatment provider, you might be owed damages, and you should meet with an attorney. The knowledgeable Maryland medical malpractice lawyers of Foran & Foran, P.A. possess the skills and experience needed to help victims of medical negligence seek justice, and if you hire us, we will work tirelessly to help you pursue a favorable outcome. We have an office in Greenbelt, and we frequently represent parties in medical malpractice lawsuits in cities in Prince George’s County and Montgomery County. You can contact us via our form online or by calling us at (301) 441-2022 to set up a confidential and free meeting.

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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.

Liability for the Suicide of a Third Party

In support of its motion, the defendant argued, in part, that the plaintiff’s claims were barred by the Protection of Lawful Commerce in Arms Act (PLCAA) and that none of the exceptions to the PLCAA applied. The court explained that the PLCAA bars qualified civil liability claims, which are defined as claims brought against the manufacturer or seller of a gun that arises out of the unlawful or criminal misuse of the gun.

In the subject case, as the claim did not arise out of the unlawful or criminal use of a firearm, the plaintiffs argued that the PLCAA did not apply. The court ultimately found that while PLCAA may apply, a predicate exception applied as well. Thus, it permitted the plaintiff’s claims to proceed.

Consult a Skilled Maryland Attorney

People who carelessly harm others should be held responsible, but establishing liability can be difficult when the harm suffered is self-inflicted. If you or a loved one sustained losses because of another person’s negligence, it is smart to consult an attorney as soon as possible. The skilled Maryland personal injury lawyers of Foran & Foran, P.A. are proficient at helping people injured by reckless acts in the pursuit of damages, and if you hire us, we will work tirelessly on your behalf. We have an office in Greenbelt, and we regularly represent parties in personal injury cases in cities in Prince George’s County and Montgomery County. You can reach us via our form online or by calling us at (301) 441-2022 to set up a confidential and free conference.

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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.

In the subject case, the court found that, upon viewing the evidence in a light most favorable to the plaintiffs as the non-moving party, there was adequate evidence to demonstrate that the personal safety exception applied and that the plaintiffs’ emotional trauma was foreseeable. Specifically, the plaintiffs testified that they were awoken by the noise and impact caused by the accident and that both they and their children experienced anxiety that began immediately after the incident and required treatment. As such, the court reversed the trial court ruling.

Talk to a Dedicated Maryland Attorney

Accidents often cause physical and emotional injuries, and people that recklessly harm others should be held accountable. If you were hurt in an incident caused by another person’s negligence, you could be owed compensation, and you should talk to an attorney about your possible claims.  The Maryland personal injury lawyers of Foran & Foran, P.A. can advise you of your options and help you to seek the best legal outcome available under the facts of your case. We have an office in Greenbelt, and we frequently assist people in personal injury lawsuits in cities in Prince George’s County and Montgomery County. You can reach us through our form online or by calling us at (301) 441-2022 to set up a confidential and free meeting.

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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.

In other words, property owners have a duty to warn visitors of known dangers that are hidden and to take reasonable precautions against dangers that are foreseeable. A key element of this duty is actual or constructive knowledge of the condition. Absent such knowledge, there is no basis for imposing liability on the property owner. Additionally, without presenting evidence of actual or constructive knowledge of a condition, it would be unreasonable to impose a duty on a property owner to constantly inspect their premises.

In the subject case, the court ultimately determined that the plaintiff failed to produce evidence demonstrating that the defendant had constructive knowledge of the allegedly dangerous condition through which a jury could have reasonably determined it had a duty to inspect the property. As such, it affirmed the trial court ruling.

Meet with a Maryland Attorney

Property owners that negligently fail to maintain their property may be held accountable for any harm that is the direct result of their carelessness. If you fell on another person’s property, you have the right to seek compensation, and you should meet with an attorney. The Maryland premises liability lawyers of Foran & Foran, P.A. can assess the circumstances surrounding your harm and help you gather any evidence that would support your claims. Our office is in Greenbelt, and we regularly represent people in personal injury lawsuits 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 conference.

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The post The first financial petition filed in the Key Bridge accident in US District Court appeared first on Maryland Personal Injury Blog.

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.

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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.

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