Types of Liability in Maryland Personal Injury Cases
Accidents can happen for a variety of reasons. Accidents can occur as a result of another person’s negligence. A person’s actions must be in accordance with the lawful standard of care. When a person is injured because of another party’s negligent behavior, it is known as a personal injury accident. Sometimes, injured parties want to hold this party responsible through a personal injury lawsuit. There are different reasons why an individual may be obligated to owe another a duty of care. This can include premises liability and product liability law.
When a person is injured as a result of defective or dangerous property conditions, the legal claim is known as premises liability. Property owners in Maryland have a legal obligation to maintain their property. This ensures that people are not injured if they come onto their grounds. As a property owner, a person is required to make repairs to their property, warn people about unsafe conditions, ensure the property is safe, and provide necessary security measures.
When someone is injured on another’s property, the owner can be held liable for negligence. Situations that fall under premises liability law can include slip and fall accidents, dangerous conditions, defective security, inadequate maintenance, school negligence, and more. In order to prove another party is responsible for an injury, the injured party must prove two things: the property owner was responsible for taking care of the property upon which the person was injured and the injuries were a result of the owner’s negligent failure to do so.
Product liability arises when a person is injured because of a defective product. Defective products result from mistakes during production or when manufacturers deviate from proper production protocol. These defective products have the potential to become faulty and injure someone. There are three main categories of defects seen in product liability cases:
● Design defect: This may arise when a designer does not account for a user’s safety when creating the product
● Manufacturer defect: This is seen when a manufacturer strays from the accepted production process, causing the product to injure someone
● Failure to warn: This is seen when a company fails to provide a warning label for a product that can hurt someone if it used incorrectly
When a person is involved in a personal injury accident, it is important to know that there is a statute of limitations on filing a claim for a lawsuit. A statute of limitations is a deadline that requires the injured party to file a claim within a certain amount of time. If they fail to do so, they may no longer be able to bring a lawsuit against the negligent party. In the state of Maryland, the statute of limitations for a personal injury lawsuit is three years.
If you have been seriously injured as a result of someone else’s negligence in Maryland, it is important to consider your legal options. The legal team at Lloyd J. Eisenberg & Associates can represent you through each step of your case and will help you recover the compensation you are entitled to. Contact us today.