Holding a local government or municipality liable for negligence may be difficult in some cases. A Maryland injury attorney can assist plaintiffs by presenting the evidence persuasively to a judge or jury. In a December 19, 2018 case, the plaintiff filed a Maryland injury claim against the city counsel, local government, and an excavation company following an accident involving a water meter. The case was brought before the Court of Special Appeals after the trial court granted summary judgment against the plaintiff.
The plaintiff in the case alleged that she was injured when a water meter cover opened and she stepped into the hole. The defendants filed a motion for summary judgment, arguing that they had no notice of the allegedly defective water meter lid, nor did they have any duty to inspect in the absence of notice. The plaintiff contended that the defendants had notice because the excavation company was working in the area to repair water leaks. She also provided a letter from the city informing the company of the plaintiff’s suit. The letter contained a handwritten note to “take notice lid is broke” with a date.
In a Maryland negligence claim, the plaintiff must prove that: (1) the defendant was under a duty to protect the plaintiff from injury, (2) the defendant breached that duty, (3) the plaintiff suffered injury or loss, and (4) the injury proximately resulted from the defendant’s breach of duty.