The big argument against awarding money for a slip and fall injury is contributory negligence. Maryland, DC and Virginia are among the few states which allow a party, who is being sued for negligently causing a personal injury, to raise this defense. An injured person need only be a little negligent and the will be prevented from obtaining compensation... > Read More
Being in accident and suffering an injury is never a good thing. What do you do? 1. If anyone saw the accident, get their name and telephone number, address and e-mail address. 2. Take photographs of the accident scene and any vehicles. Make sure you photograph the damaged portion of the vehicles. 3. Do not give a statement to the other parties’ insurance company or... > Read More
In the recent case of Sampson v. Carnival Corporation decided by the United States District Court for the Southern District of Florida, the court held that a passenger who slipped on the deck of the ship had stated a claim that was sufficient to go to trial. The passenger indicated that she slipped on the ship’s wet deck when... > Read More
Small business owners often use their “company” vehicles for personal travel. They also tend to be lax about the titling of these vehicles and they end up in personal names. Beware! In the Virginia case of Selective Way v. Apple, the Fourth Circuit held yesterday that a vehicle insured under a company policy was not insured under the commercial... > Read More
The recent Maryland Court of Appeals case of Morton v. Schlotzhauer involved a personal injury claim brought, at the last minute, by a woman who had filed bankruptcy and failed to list her personal injury claim as an asset. When this oversight was discovered, the opposing party sought to dismiss her case. This is because if a person does... > Read More
The Maryland Court of Appeals recently handed down a decision which permits the finding of host and server liability in an unprecedented fashion. This case jointly decided two cases one involving a 17 year old Steven Dankos (“Steven”) who was killed while riding in the bed of a 22 year old intoxicated driver’s pickup truck. Steven’s mother sued Linda... > Read More
Reginal Hill claimed he was infected with hepatitis C by an air gun inoculation in 1977. He also claimed that he did not realize this until much later and thus waited until August 2015 to file his personal injury claim. However, Judge Ellen Hollander of the United States District Court dismissed his case because she felt he had waited... > Read More
In Maryland, striking a pedestrian walking in a crosswalk is a serious crime which can result in a fine of $500 or imprisonment for 2 months. A violation of a statute such as the one requiring an automobile to yield the right of way is also prima facie evidence of negligence. However, since Maryland has adopted the doctrine of... > Read More