Whose Fault

Proving Negligence

When accidents happen, determining who is at fault is critical to determining damages. If it’s determined that the injury was totally caused by the injured party’s carelessness, there is no award. But, usually, an accident is at least partially the fault of a property owner, a medical practitioner, a coach, or any other responsible party.

Responsibility

So, the first task in a personal injury case is to determine who is responsible for the injury. And, the next question to ask is, was the responsible party actually negligent.

For example, a sudden storm may take an apartment owner by surprise, delaying the clearing of fallen trees and branches from sidewalks and parking lots. If a tenant can't then access the sidewalk, it may be the responsibility of the landlord, but since the storm was sudden, it can be argued that the landlord didn’t have time to clear the tree. In this case, the landlord would not be negligent.

Negligence

But, if the owner waits three weeks to start clearing the tree, and someone trips and falls because of it, the owner would have to prove that he/she had a very good reason to leave the decaying tree on the sidewalk for so long. In this case, the landlord would be considered negligent.

So, in a personal injury case, the job of the property owner, or other responsible party, is to prove that he/she did everything possible within a reasonable amount of time, to prevent any accidents. At the same time, the injured party must prove that the accident was unavoidable, and there was nothing he/she could have done to avoid the injury.

Shared Blame

Comparative Negligence

Partial Blame

A judge may decide an accident is partially the fault of the injured, and partially the fault of the property owner. If the injury occurs in a state that operates under “comparative negligence” laws, the plaintiff can be awarded partial damages for his/her injury. Most states in the U.S. use this system.

Contributory Negligence

All or Nothing

But a few states operate under what’s known as “contributory negligence.” In these cases, if a plaintiff is shown to be in any way partially responsible for his/her injury—even if their role is very small— no award is given at all. Unfortunately, Maryland is one of those states. While there are exceptions for defendants under the age of five, children aged six and older are also unable to collect damages if any part of an injury is considered his/her fault. Of course, in such cases, one hopes the judge will take into account the developmental abilities of children at different ages, but it’s still quite a surprising law to many.

A High Bar in Maryland

While Maryland’s all-or-none approach is frequently cited as unjust, it is the law we need to work with. And, that’s why choosing an experienced personal injury lawyer is so critical. In Maryland, a plaintiff needs to prove there was nothing whatsoever that he/she could have done to prevent an injury. This is a very high bar, and you can be sure the property owners will be doing everything they can to prove the exact opposite.

If you’ve suffered an injury due to someone else’s negligence call me at 301-589-4597 or email me at ds@dsteinlaw.com today for a free initial consultation. I’ll help you examine your accident from every possible angle to make the best case for your Maryland personal injury award.