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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 if 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 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)
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 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 Strict Liability
Third Party Liability
Joint and Several Liability Governmental Liability Employer's Immunity In Maryland an employer is given certain protections against suits by an employee. For example an employee and his dependants can not maintain an action in tort against the employer since the workers compensation remedy is exclusive Maryland Annotated Code 9-509. A injured employee may maintain suit against a co-employee for the co-employee's negligence. Such as when both are riding is a vehicle and the co-employee negligently causes an accident during the course of employment. Maryland, however, is one of some dozen States which permit employees to pursue their common-law remedies against co-employees. The rationale here is that “in the exchange for sure and swift compensation the worker has given up the right to sue his employer but not his fellow employee, because the fellow employee is not a party to such an agreement and has given up nothing in return for such an immunity.” Connor v. Hauch, 50 Md.App. 217, 223, 437 A.2d 661, 664 (1981). § 9-903(a) has been interpreted as permitting co-employee suits. Athas v. Hill, 300 Md. 133, 137, 476 A.2d 710, 712 (1984); Leonard v. Sav-A-Stop Servs, 289 Md. 204, 208, 424 A.2d 336, 337 (1981); Gray v. State Rds. Comm'n, 253 Md. 421, 424-425, 252 A.2d 810, 812 (1969).
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