When you are hurt in an accident in Maryland, proving negligence is a critical step in getting compensation for the damages that you experienced. Whether you’ve been injured in a car accident or slipped and fell while shopping, understanding how negligence is established can help you navigate the legal process more effectively. What should you know about negligence in Maryland personal injury cases?
What Is Negligence?
Negligence is the term used to refer to when someone (or a business) fails to exercise reasonable care and it leads to harm. For example, if someone is texting while driving and they hit your vehicle, they failed to exercise reasonable care, and it led to your injuries. Maryland law requires injured parties to demonstrate specific elements to establish negligence in personal injury cases.
The Four Prongs of Negligence in Personal Injury Cases
To prove negligence in Maryland, you must establish four different elements. Because establishing negligence is so important, working with an experienced personal injury lawyer is important.
Duty of Care
The first step in proving negligence is showing that the defendant owed you a duty of care. A duty of care is a legal obligation to act in a manner that avoids causing harm to others. For example:
- Drivers have a duty to operate their vehicles safely
- Property owners have a duty to maintain safe premises for visitors
- Medical professionals have a duty to provide competent care
Breach of Duty
Once you establish that the other party involved owed you a duty of care, you have to show that they breached that duty. A breach occurs when the other party fails to act as a reasonable person would under similar circumstances. Some examples of breach of duty include:
- A driver running a red light, as you would expect other drivers to stop on red
- A store owner neglecting to clean up a spill, as you would expect the spill to be cleaned up quickly or be labeled with a wet floor sign
Causation
Proving causation means creating a direct link between the other party’s breach of duty and your injury. Maryland law examines both actual cause and proximate cause. Actual cause means that the injury wouldn’t have happened without the action (or inaction) of the other party. Proximate cause means that the injury was a foreseeable result of the other party’s actions. For example, if a driver runs a red light and hits your car, their breach of duty (running the red light) directly caused your injury.
Damages
Finally, you must prove that you suffered measurable damages as a result of the defendant’s negligence. Damages can include things like:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Without demonstrable damages, there is no basis for a personal injury claim.
What Is Contributory Negligence?
One important aspect of Maryland personal injury law is the contributory negligence rule. Maryland is one of the few states that follows this rule, which bars plaintiffs from recovering damages if they are found to be even partially at fault for their injuries. This makes it essential to build a strong case that clearly places liability on the defendant and not you.
How Can You Show Negligence?
To establish negligence, you will need compelling evidence to support each of the four elements. Your evidence can include:
- Photographs and Videos: Images of the accident scene, injuries, or hazardous conditions
- Witness Statements: Testimony from individuals who observed the incident
- Medical Records: Documentation of your injuries and treatment
- Accident Reports: Police or incident reports
- Expert Testimony: Opinions from medical or industry experts
Partner with an Experienced Attorney at The Law Office of Elizabeth Anu Lawrence
If you or a loved one are hurt in an accident, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.