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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.
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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)
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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.
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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.
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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
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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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