|
ARE YOU
CONFUSED YET?
CALL FOR A FREE PHONE CONSULTATION
1-888-760-7339
|


Offices Located Through Out Maryland
Anne Arundel County:
7310 Ritchie Highway, Ste 910 Glen Burnie, Maryland 21061
(410) 760-7339
Baltimore City
Office Meeting Location: 111 South Calvert Street, Ste 2700, Baltimore, Maryland 21202
(410) 685-7339
Baltimore County: 10451 Mill Run Circle, Ste 400, Owings Mills, Maryland 21136
(410) 363-7339
Howard County
5044Dorsey Hall Ste 205, Ellicott City, Maryland 21044
(410) 740-7339
Prince George County:
6301 Ivy Lane
Suite 700, Greenbelt, Maryland 20770
(301) 474-7339
Montgomery County: 6701 Democracy Blvd. Suite 300 Bethesda, Maryland 20817
|
|
| |
     
Now It's Time For Real Answers From a
Maryland Injury Attorney |
|
|
LIABILITY ISSUES
As Seen by Maryland Personal Injury Lawyers
All Maryland personal injury lawyers will tell you
"Every person in the state of Maryland owes a duty
to each and every other person to act as a
reasonable and prudent person under the given
circumstances". This is called the standard of care.
When this duty is breached it is said the offending
person was negligent.
The terms "duty of ordinary care" and "duty of
reasonable care" and "standard of care" are
interchangeable; they all mean due care—that is,
care according to the circumstances of the case.
The duty to exercise reasonable care is a
standard of care designed to protect society's
members from unreasonable exposure to potentially
injurious hazards, and negligence is conduct that
falls short of the reasonable-care standard.
In Maryland Car Accident Cases
Maryland personal injury lawyers say the general
rule is "every automobile driver must exercise
toward every other driver that duty of care which a
person of ordinary prudence would exercise under
similar circumstances". Baltimore Transit Co.,
v Prinz 215 Md 398 (1958)
·
Negligent Entrustment: When the owner knows of
should know that the person he is lending his
vehicle to is likely to use the vehicle in a manner
involving risk of harm to others, the owner may be
held liable Macky v Dorsey 104 Md.
App. 250 (1995). Other wise the mere ownership of a
vehicle does not impute liability Toscano v
Spriggs 343 Md 320 (1996).
In
Maryland Premises Liability Cases (Slip and Fall
Cases)
·
The
standard of care owed by a possessor of land depends
upon the status of the person on the land. There are
three categories of status. For example there is an
invitee, licensee, or trespasser.
·
As to an
Invitee ie: when you are in a store for example: a
possessor of land is liable for harm caused to
invitees by a condition of which the possessor is
aware, or which, in the exercise of due care, he or
she should have been aware, and which the possessor
should realize involves an unreasonable risk to the
invitees and he or she has no reason to believe that
they will discover or realize the risk involved. As
such the possessor must exercises reasonable care,
either to make the condition reasonably safe or to
give a warning adequate to enable the invitee to
avoid the harm; however, he or she owes no duty to
an invitee or business visitor to warn of a
dangerous condition which is obvious to a person
exercising ordinary care.
·
As to Licensee ie: when you are
visiting a friends home for example:
There are two types of
"licensee". One is the bare licensee and the other a
licensee by invitation, or social guest. A licensee
is one privileged to enter another's land by virtue
of the possessor's consent, for the licensee's own
purposes. A licensee must take the property as he or
she finds it. The owner or person in charge of the
property owes no duty to a licensee to keep the
property in a safe condition or to anticipate the
licensee's presence and to warn him or her. The only
duty an owner or person in charge of property owes
to a licensee is that if he or she becomes aware of
the licensee's presence, he or she must not injure
the licensee willfully or wantonly or entrap the
licensee. The duty of a possessor to use care and to
avoid injuries to a licensee upon the possessor's
land does not arise until he or she has actual
knowledge that the licensee is in peril, and if the
possessor fails under such circumstances to exercise
the care of a reasonably prudent person, he or she
is said to act with reckless disregard for the
safety of others, and this action is considered
willful or wanton misconduct.
In
Maryland Malpractice Cases
In
medical malpractice cases a medical provider must
act as a reasonable and prudent doctor. As such a
medical provider is negligent when he/she does
something or fails to do some thing that a
reasonably prudent doctor or other health care
professional in that field would or would not do
under the same or similar circumstances. There is a
procedure to be followed in medical malpractice
cases before you are eligible to file suit in
Maryland. This procedure requires that the
negligence of the medical provider must first be
certified as a deviation from the standard of care.
As such each medical malpractice case requires
advances review by an expert.
Vicarious Liability
Strict Liability
Third Party Liability
Joint and Several Liability
Governmental Liability
Employer's Immunity
In Maryland an employer is
given certain protections against suits by an
employee. For example an employee and his dependants
can not maintain an action in tort against the
employer since the workers compensation remedy is
exclusive Maryland Annotated Code 9-509. A injured
employee may maintain suit against a co-employee for
the co-employee's negligence. Such as when both are
riding is a vehicle and the co-employee negligently
causes an accident during the course of employment.
Maryland, however, is one of some dozen States which
permit employees to pursue their common-law remedies
against co-employees.
The rationale here is that “in the exchange for sure
and swift compensation the worker has given up the
right to sue his employer but not his fellow
employee, because the fellow employee is not a party
to such an agreement and has given up nothing in
return for such an immunity.”
Connor v. Hauch, 50 Md.App. 217, 223,
437
A.2d
661,
664 (1981).
§ 9-903(a) has been interpreted as permitting
co-employee suits. Athas v. Hill,
300 Md. 133, 137, 476 A.2d 710, 712 (1984);
Leonard v. Sav-A-Stop Servs, 289 Md. 204, 208,
424 A.2d 336, 337 (1981); Gray v. State
Rds. Comm'n, 253 Md. 421, 424-425, 252 A.2d
|
|
|
No Nonsense Legal Representation
Maryland Injury Attorney
Maryland Personal Injury Lawyer
Maryland personal Injury Attorney
Malpractice
Truck Accident
Motorcycle Accident
|
Home and Hospital Visits Are Available
for Your Convenience.
*
In All Injury Cases There is No Fee or
Expense Cost To Our Clients Without Recovery |
Subscribe
Are You Confused Yet? Call a Maryland Injury Attorney For a Free Phone Consultation
|
|
|
|
|
|
|
|
|