Maryland Court Explains Notice of Harmful Conditions in Personal Injury Cases
Foran & Foran, P.A. Blog
by Foran & Foran, P.A.
1y ago
Many Maryland residents rely on public transportation and expect that they will be able to access such conveyances without suffering harm. Unfortunately, however, it is not uncommon for passengers on public transportation to encounter dangerous conditions that ultimately cause them to suffer injuries. Whether a transit authority will be held liable for harm sustained in an accident on one of its vehicles depends, in part, on whether it had notice of the allegedly harmful condition, as explained in a recent Maryland opinion. If you were hurt while riding public transportation, it is advisable t ..read more
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Court Discusses Establishing Liability in Maryland Medical Malpractice Cases
Foran & Foran, P.A. Blog
by Foran & Foran, P.A.
1y ago
Negligence in the context of medical care can cause extensive injuries; as such, the law permits people harmed by the carelessness of their treatment providers to seek compensation via medical malpractice claims. Merely establishing negligence is not sufficient to recover damages from reckless providers, however. Rather, a plaintiff must also show that the defendant’s negligence caused their alleged harm, as explained in a recent Maryland medical malpractice matter. If you suffered damages due to incompetent medical care, you should confer with a Maryland medical malpractice lawyer regarding y ..read more
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Maryland Court Explains What Evidence is Admissible in a Car Accident Case
Foran & Foran, P.A. Blog
by Foran & Foran, P.A.
1y ago
If a driver causes a collision, their insurance company will frequently provide compensation to anyone injured in the crash for the cost of their medical care. Such remunerations are often insufficient to cover a person’s losses, however; as such injured parties will often turn to their insurer to recover underinsured motorist benefits. Insurers may be reluctant to pay insureds benefits they are rightfully owed, though, and may argue that the losses suffered are not compensable, citing evidence such as medical records to support their position. Recently, a Maryland court discussed what evidenc ..read more
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Maryland Court Discusses Venue in Cases Arising Out of Negligence
Foran & Foran, P.A. Blog
by Foran & Foran, P.A.
1y ago
Generally, Maryland law affords plaintiffs the right to file lawsuits in the venue of their choice. There are specific parameters they must abide by, however, and if a defendant believes the plaintiff’s chosen venue is improper, it can move to transfer the case to another court. Recently, a Maryland court explained the grounds for relocating a case on the basis of improper venue in a matter in which the plaintiff alleged that she suffered harm due to the negligent insertion and removal of an IUD birth control device. If you sustained losses due to negligent medical care, it is in your best int ..read more
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Maryland Court Discusses Notice in Slip and Fall Cases
Foran & Foran, P.A. Blog
by Foran & Foran, P.A.
1y ago
Warehouse stores generally offer shoppers a variety of goods at low prices, and many Maryland residents shop in such stores on a regular basis. Unfortunately, it is not uncommon for certain areas of stores to fall into disarray, creating hazards that can lead to falls. While stores can be held accountable for harm suffered by their customers in certain situations, they generally will not be deemed liable unless they knew or should have known of a dangerous condition before the harmful incident. This was illustrated in a recent Maryland ruling in which the court dismissed the plaintiff’s neglig ..read more
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Maryland Court Dismisses Personal Injury Claim Against the Federal Government
Foran & Foran, P.A. Blog
by Foran & Foran, P.A.
2y ago
Postal workers typically operate vehicles owned by the United States Post Office (USPS) when they are working. As such, if a postal worker causes a collision during the process of delivering the mail, the federal government may be deemed liable for any losses caused by the crash. While the Federal Tort Claims Act (the Act) permits people to pursue claims against the federal government in certain situations, they must comply with the applicable procedural rules, otherwise, their claims may be dismissed.  Recently, a Maryland court discussed the administrative remedies a plaintiff must exha ..read more
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Maryland Court Discusses Pleading Standards in Car Accident Cases
Foran & Foran, P.A. Blog
by Foran & Foran, P.A.
2y ago
People hurt in car accidents will often seek damages from the parties they deem responsible for their losses. Some people may be reluctant to hire an attorney, though, and for a variety of reasons, will proceed with their claims pro se. As demonstrated in a recent ruling issued by a Maryland court in a case arising out of a collision, however, non-attorneys typically lack knowledge of the procedural rules, which can be fatal to their claims. If you were hurt in a car crash, it is smart to contact a Maryland car accident attorney to discuss your options for seeking damages. The Relevant History ..read more
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Maryland Court Discusses Contributory Negligence in Slip and Fall Cases
Foran & Foran, P.A. Blog
by Foran & Foran, P.A.
2y ago
Spills regularly occur in grocery stores, and if they are not cleaned up promptly, they can lead to slip and fall accidents. While grocery stores can be held accountable for losses caused by their carelessness, they will often try to avoid liability by arguing that the injured party is partially at fault for their harm. In a recent opinion, a Maryland court explained the affirmative defense of contributory negligence and what a defendant must prove to prevail on the defense. If you were injured in a slip and fall accident, you should speak to a Maryland premises liability attorney as soon as p ..read more
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Maryland Appeals Court Allows Plaintiff to File Amended Complaint for Construction Injury
Foran & Foran, P.A. Blog
by Foran & Foran, P.A.
2y ago
A Maryland personal injury action is initiated when the plaintiff files a pleading, commonly referred to as the complaint, with the courts.  If the complaint does not conform to the Maryland Rules, it may be dismissed, as in an October 20, 2021 case before the Court of Special Appeals.  The plaintiff brought the appeal after the circuit court dismissed his complaint and denied his motion to file an amended complaint. The plaintiff in the case was injured while performing his job as a construction worker.  As he was using a bore for the installation of a gas pipeli ..read more
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Maryland Plaintiff Files Personal Injury Action After Forklift Accident
Foran & Foran, P.A. Blog
by Foran & Foran, P.A.
2y ago
Determining the appropriate circuit court in which to file a Maryland personal injury action depends on several factors.  In certain situations, the plaintiff’s initial choice of venue may be transferred to another court at the request of a defendant.  In a September 23, 2021 opinion, the Court of Special Appeals of Maryland reviewed whether a circuit court had properly granted the defendant’s motion for a change of venue. The plaintiff in the case alleged that he suffered injuries as a result of a forklift accident at the defendant’s warehouse, which was located in Ho ..read more
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