Premises Liability

Maryland Court Considers Liability Issues in Deadly Construction Accident Case

November 9, 2021 | by Foran & Foran, P.A.

Personal injuries occurring on construction sites often involve independent contractors, sub-contractors, and their respective employees. Whether a property owner and/or another sub-contractor on site may be held liable for these types of accidents was the question for the Court of Special Appeals in an October 1, 2021 Maryland wrongful death case.

The case involved the tragic death of a young construction worker who was killed when an excavation wall collapsed on the job site. The decedent was the employee of a contractor hired by the City to fix a clogged pipe buried deep in the ground. Although the contractor who employed the decedent was negligent in failing to ensure that the excavation wall was properly supported, legal action against was barred by Maryland workers’ compensation laws. Instead, the decedent’s family filed suit against the City and another sub-contractor working on the site. The plaintiffs claimed that the City was liable for the decedent’s death by failing to hire a qualified contractor to properly and safely do the job, and that the sub-contractor was liable by failing to ensure that the work was performed safely and appropriately.

As a general rule, the employer of an independent contractor is not liable for physical harm caused to another by the acts and omissions of a contractor and the contractor’s employees. The lack of liability is often a major reason one would hire an independent contractor, rather than having one’s own employee do the job. There are many exceptions under Maryland law, however, which were considered by the court on appeal.

Maryland Court Considers Admissibility of Metadata Details in Premises Liability Case

October 29, 2021 | by Foran & Foran, P.A.

A Maryland personal injury case may involve many forms of evidence, including witness testimony, medical bills, photographs and/or video, among others. Generally, non-testimonial items of evidence must be authenticated before they are admitted at trial. Depending on the type of evidence, authentication may be made by a lay witness, or it may require an expert to lay the foundation. In a September 30, 2021 premises liability case, the Court of Special Appeals of Maryland addressed the requirements to admit digital file metadata of a cell phone picture at trial.

The plaintiff in the case fell on the sidewalk while walking her dogs, suffering a broken right foot, two sprained wrists, and a fractured left knee cap. The plaintiff alleged that she had stepped on a piece of concrete debris on the sidewalk, which caused her to fall. She filed suit against the City, which owned the sidewalks, as well as the contractor hired by the City to repair them.

At trial, the plaintiff’s friend testified that after arriving at the plaintiff’s home to take her to Urgent Care, she went outside and took photographs of the concrete debris with her iPhone, which were later admitted into evidence. The friend also admitted that she had moved the debris so that others would not fall.

Maryland Court Sides with Plaintiff on Appeal in Black Ice Slip and Fall Case

August 26, 2021 | by Foran & Foran, P.A.

Black ice, sleet, and snow on untreated walkways and parking lots are a leading cause of slip and fall injuries. In a July 20, 2021 Maryland negligence case, the plaintiff claimed that she was injured after slipping and falling on black ice in the parking lot of her condominium. She brought suit against the owner and management company of her condominium complex, as well as the landscaping company they hired for snow and ice removal within the common areas of the complex.

The plaintiff alleged that on an early morning in January, she exited her condo and proceeded to walk to her car along a sidewalk that had recently been cleared of snow by the defendants. The plaintiff stated that she slipped and fell on an area of “black ice” that was not visible because it blended in with the pavement. In her suit, the plaintiff claimed that the defendants were negligent in failing to remove snow and ice, failing to use salt or de-icing chemicals, and failure to warn, among other allegations. After the lower court granted summary judgment in favor of the defendants, the Court of Special Appeals of Maryland reviewed the decision on appeal.

To establish negligence in a Maryland slip-and-fall case, four elements must be proven: (1) the defendant was under a duty to protect the plaintiff from injury; (2) the defendant breached that duty; (3) an injury; and (4) that the injury was the proximate result of the defendant’s breach. To prove the second element of breach, the plaintiff must establish not only that a dangerous condition existed, but also that the defendant had actual or constructive knowledge of the dangerous condition, and the opportunity to remove it or give warning.

Maryland Court Allows Plaintiffs to Pursue Wrongful Death Suit Against Shopping Center for Fatal Robbery

July 27, 2021 | by Foran & Foran, P.A.

In Maryland, a property owner generally is under no duty to protect another person from criminal acts of a third party that occur on the property. There are exceptions, however. In a July 2, 2021 wrongful death case, the Maryland Court of Special Appeals explained the kinds of circumstances that would be necessary to hold a property owner liable for crimes committed by a third party against a tenant leasing the premises.

The decedent in the case was killed during a robbery that took place at a retail store while he was working as the manager. The store was in a Maryland strip mall, where there was a long history of criminal activity on the parking lot, including a murder committed the month before. The decedent’s family brought wrongful death claims against the owner of the shopping center, alleging that it knew of the dangerous criminal activity and negligently failed to take security measures to protect the occupants of leased premises from foreseeable criminal acts of third persons committed inside those stores.

The circuit court dismissed the plaintiffs’ lawsuit, ruling that, as a matter of law, the shopping center did not owe a duty to protect the decedent from the criminal acts of third persons committed on a store’s leased premises. An appeal followed.

Maryland Plaintiff Alleges Negligence Claim Against Landlord After Staircase Collapse

June 30, 2021 | by Foran & Foran, P.A.

When a tenant is injured as a result of a defective condition on the property that they are leasing, they may have legal recourse in certain situations. In a June 15, 2021 negligence case, the Maryland Court of Special Appeals considered whether the circumstances were enough to hold a landlord liable for alleged injuries caused by a defective staircase.

The plaintiff in the case was a resident and lessee of a townhome owned by the defendant. On the day of the accident, the plaintiff was walking down an interior wooden staircase of the property to the basement, which she had typically done about six times a week. The plaintiff alleged that the staircase suddenly and unexpectedly collapsed. As a result, the plaintiff fell and allegedly suffered severe personal injury.

The plaintiff filed a negligence suit against her landlord, alleging that they were responsible for the inspection, maintenance, care and repair of the premises, including the basement steps. After the lower court granted summary judgment in favor of the defendant, the plaintiff appealed the decision.

Maryland Court Analyses Legal Status of Plaintiff in Premises Liability Case

June 6, 2021 | by Foran & Foran, P.A.

In some situations, homeowners may be liable for a personal injury that occurs on their property. The care they must take to avoid liability depends on the status of the injured party. In a May 3, 2021 case, the plaintiff filed a Maryland negligence suit against her neighbor after falling down the steps of her neighbor’s porch. The issue before the Court of Special Appeals turned on the legal status of the plaintiff at the time of her injury.

The plaintiff in the case had returned home from work that day and found she was unable to open her front door. She walked to her neighbor’s house and her neighbor’s grandson, who had answered the door, lent the plaintiff a metal knife. After successfully unjamming her door, the plaintiff went back to her neighbor’s house later that day to return it. After handing the knife to her neighbor, the plaintiff turned to leave down the staircase descending from the front porch. She lost her balance and fell, suffering serious injuries to her leg.

The plaintiff filed a premises liability suit, alleging that her injuries were caused by her neighbor’s negligent maintenance of the premises. The trial court granted summary judgment for the defendant, finding that the plaintiff was a bare licensee and that the defendant had not breached any duty to the plaintiff. The plaintiff appealed that decision to the higher court.

Maryland Plaintiff Sues City After Injury from Defective Storm Drain Gate

June 2, 2021 | by Foran & Foran, P.A.

Defective, negligently maintained street infrastructure such as broken water meters or crumbling sidewalks can result in serious personal injuries to pedestrians. In a March 12, 2012 case, the plaintiff in a Maryland injury lawsuit sued a city for negligence after falling on a broken storm drain grate and injuring her leg. The case came before the Court of Special Appeals of Maryland after the trial court entered judgment in favor of the City.

The plaintiff in the case was returning to her car after attending a professional football game. As she walked among a crowd of fans, the plaintiff stepped onto a broken storm drain grate that was missing one of its metal bars. The plaintiff’s foot and leg fell through the gap in the storm drain, causing her to fall. After a fan helped her dislodge her leg from the storm drain grate, the plaintiff was transported to the hospital and underwent surgery on her leg.

The plaintiff brought a personal injury action against the City, alleging that it had been negligent in failing to properly maintain a storm drain and that was part of the street. At the conclusion of the plaintiff’s case at trial, the City moved for judgment, arguing that there was no evidence that it had actual or constructive notice of the defective storm drain. The trial court granted the motion, and the issue was presented to the Court of Special Appeals of Maryland.

Plaintiff Brings Maryland Injury Claims Against Restaurant for Trip and Fall in Adjacent Lot

June 1, 2021 | by Foran & Foran, P.A.

In Maryland, the liability of a property owner for a personal injury depends upon the standard of care owed to the injured person. The standard of care, in turn, depends on the person’s status while on the owner’s property. In a March 25, 2021 case, the Court of Special Appeals of Maryland reviewed a premises liability claim against a restaurant that was brought by one of its patrons.

The plaintiff in the case had dined at the restaurant with her husband and son. Unable to find a parking spot in the restaurant’s designated lot, her husband parked in an adjacent parking lot. The adjacent parking lot belonged to an unrelated limited liability corporation whose tenant had recently vacated the premises. Upon entering the restaurant, the plaintiff testified that they asked the hostess whether they could park in the lot, and she stated “yes, we don’t have any problems” and “everyone does.”

After dining at the restaurant, the plaintiff and her husband headed towards their car. Bypassing the paved portions of the lots and sidewalks, they cut across a grassy area of the property owned by the LLC. After taking a few steps onto the grass area, the plaintiff’s foot landed in a hole that caused her to lose her balance and fall. The plaintiff filed suit against the restaurant, alleging that they knew or should have known of the condition that caused her to fall when she walked across the grassy area. The plaintiff did not file a claim against the owner of the adjacent lot and grassy area.

Maryland Plaintiff Alleges Negligence Claim Against University After Trip and Fall Injury

May 31, 2021 | by Foran & Foran, P.A.

Business entities may be liable for injuries caused by a dangerous condition on their property. In a March 26, 2021 Maryland personal injury case, the Court of Special Appeals of Maryland considered whether an unpainted rollover curb constituted an unreasonable risk to a student. The issue was appealed after the lower court ruled that, as a matter of law, the unpainted curb was not a dangerous condition.

The plaintiff in the case was injured when she tripped on an unpainted rollover curb in the parking lot of a university student center. A rollover curb consists of a gradual incline from street level up to the sidewalk. Some of the curbs on the perimeter of the parking lot were painted yellow to delineate fire lanes, areas in which parking was prohibited to allow access for fire trucks and emergency vehicles. The plaintiff stated that she tripped over an unpainted section of a rollover curb near or adjoining a yellow-painted curb.

The plaintiff brought a negligence action against the university, claiming that it breached its duty to protect against latent, unreasonable risks. The university moved for summary judgment, arguing that it did not breach its duty of care. After the circuit court granted summary judgment for the university, the plaintiff appealed.

Injured Shopper Files Negligence Suit Against Maryland Supermarket

May 26, 2021 | by Foran & Foran, P.A.

Depending on the circumstances of a Maryland personal injury accident, negligence may be alleged against an employer based on a theory of vicarious liability. In a February 25, 2021 opinion, the Court of Special Appeals of Maryland considered whether the defendant, a supermarket owner, could be held vicariously liable for injuries allegedly caused by a third-party vendor. The matter came on appeal after the jury found in favor of the plaintiff and awarded her nearly $400,000 in damages.

The plaintiff in the case was injured while shopping at a supermarket owned and operated by the defendant. The injury occurred in the frozen-foods aisle. The plaintiff testified that as she turned to put an item in her basket, she was struck in the back, which caused her to fall to the ground. The plaintiff believed that she was struck by the stock cart of a delivery man whom she had noticed prior to her fall. The man, who was not an employee but a third-party vendor delivering soda products to the supermarket, denied striking the plaintiff.

The plaintiff alleged that the supermarket was liable as a result of negligence based on alternative theories of premises liability and vicarious liability. After the close of evidence at trial, the circuit court granted judgment for the defendant on the issue of premises liability. The remaining issue was submitted to the jury, which found that the defendant was vicariously liable for the negligence of its vendor.