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KEITH BLAIR BARTNIK, P.A

 

 

LIABILITY

To understand liability you have to appreciate that each person has a duty to each other person to act as a reasonable and prudent person. (ie: don't be careless). Officially the legal definition of negligence is "Negligence is doing something that a person using reasonable care would not do, or not doing something that a person using reasonable care would do. Reasonable care means that caution, attention or skill a reasonable person would use under similar circumstances."

As you examine conduct in retrospect is you scratch your head and say geez that was dumb, then there is a very very high probability a fact finder, whether judge or jury, would find the conduct negligent. Once the defendant is determined to be negligent and the plaintiff is not negligent and/or has not contributed in any regard to the occurrence giving rise to injury, the the defendant can be required to pay for the damages.

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

Vicarious liability relationships that can give rise to liability are employment, agency, partnership, or joint venture. The rules of vicarious liability respond to a need in the law to fully compensate an injury. Once the evidence establishes agency, vicarious liability increases the likelihood that injury will be compensated. For example, if the responsible agent is unavailable or lacks ability to pay, an innocent victim now has recourse against principal. Thus, pursuant to principles of vicarious liability an employer can be liable for the torts committed by its employees.

  • Respondeat Superior: An employer may be held liable for the torts committed by their employee while acting in the scope of their employment. Oaks v Connors 339 Md 24 (1995)

Governmental Immunity:

Mayor and City Council of Baltimore v. Suzanne Whalen, CA No. 101, Sept. Term 2005. Reported. Opinion by Cathell, J.; concurrence by Wilner, J. Filed Oct. 20, 2006. Issue: Can a blind woman who fell into an open utility hole file suit against Baltimore City for negligent maintenance of a public park? Holding: No; reversed. The city is protected by sovereign immunity from tort liability claims related to its mandated government duties. Maintenance of public parks is one of these protected functions.

 

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DISCLAIMER: Keith Blair Bartnik, P.A.. has created this website to be informative, but you should remember the contents are general in nature and not meant to substitute the specific legal advice given by an attorney based on your individual questions and needs. We have made every effort to provide up to date information and links, however we make no guarantees. Viewing this website and communicating with us by electronic mail or making a general inquiry does not create an attorney client relationship. You should be aware that contacting our law firm through the internet is not considered secure and therefore you should not send confidential or sensitive information that may be illegally intercepted by others.

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