Maryland personal injury law has several rules that set it apart from most states. Injured people in Annapolis, Baltimore, Rockville, Frederick, and every corner of Maryland face the same statewide rules on fault, damages, and deadlines. This guide explains the rules that matter most.
An injured person must prove that the defendant owed a duty of care, breached it, and caused an injury that resulted in damages. Most claims arising from car crashes, falls, and unsafe property rest on these elements. Product defect claims may also proceed on a strict liability theory.
Maryland bars recovery when the injured person's own negligence contributed to the injury, even slightly. Most states instead reduce damages by the injured person's share of fault. Exceptions such as the last clear chance doctrine apply in limited circumstances.
Courts and Judicial Proceedings Article Section 11-108 caps noneconomic damages, such as pain and suffering, in personal injury cases, and the cap rises each October 1. Medical malpractice claims carry a separate cap. Economic damages, such as medical bills and lost wages, carry no cap.
Maryland allows punitive damages only on clear and convincing proof of actual malice. The Court of Appeals set that standard in Owens-Illinois, Inc. v. Zenobia, 325 Md. 420 (1992). Ordinary negligence, even serious negligence, does not support punitive damages.
Under Courts and Judicial Proceedings Article Section 3-1901, the law presumes that a dog owner knew of the dog's dangerous tendencies, although the owner may rebut that presumption. An owner whose dog injures someone while running at large is generally liable without proof of negligence. Exceptions apply when the injured person was trespassing or provoked the dog.
The District Court hears claims up to $30,000, and claims above $5,000 may also proceed in a circuit court. Claims above $30,000 proceed in a circuit court, such as the court for Anne Arundel, Montgomery, or Prince George's County. Medical malpractice claims first go to the Health Care Alternative Dispute Resolution Office.
Under Courts and Judicial Proceedings Article Section 5-101, a person must file most Maryland injury claims within three years. Medical malpractice, claims involving minors, wrongful death, and claims against government bodies follow different rules. Missing a deadline usually ends the claim, so check the deadline early.
Christopher L. Beard, an Annapolis attorney, represents injured people throughout Maryland in premises liability, auto accident, wrongful death, electrocution, and toxic mold claims. He has filed suit and appeared in the Circuit Court for Baltimore City, the circuit courts for Anne Arundel, Baltimore, Charles, Harford, Howard, Montgomery, Prince George's, Queen Anne's, St. Mary's, and Worcester Counties, and the United States District Court for the District of Maryland. To discuss an injury, e-mail chris@attorneybeard.com or call (410) 267-0227. You can also read our article on contributory negligence in Maryland.
