They fixed the stairs after I fell.

This article addresses an evidentiary principle familiar to seasoned personal injury lawyers in Baltimore. When repairs are made to an instrumentality that has caused an injury, that fact is typically never comes out at trial. Maryland law provides that "subsequent remedial measures" are not relevant [and therefore not admissible] to prove fault or liability. There are exceptions to this rule, familiar to the seasoned personal injury lawyer in Baltimore; evidence of subsequent repairs is admissible to show the defendant had notice; or control of the instrumentality; or to show what the applicable standard of care owed to the plaintiff [e.g. were reasonable precautions, later taken, something that reasonably should have been in place prior to the accident].

Should I Hire a Lawyer for a Personal Injury Case?

Some states require advisory language to appear in lawyer advertisements that reads “the hiring of a lawyer is an important decision”. Nothing could be closer to the truth. Hiring the right attorney is perhaps the most...

How long will my personal injury case take?

It’s the third most frequent question in my business. Like the other two: “Do I have a case”, and “How much is my case worth”, the answer depends on any number of variables. Even though the answer is going to vary from...

Uninsured Motorist Insurance Coverage

What is uninsured motorist coverage? Uninsured Motorist coverage is considered “first party” insurance. Like health, or perhaps disability insurance, it is your insurance. You pay the premiums You have a policy with your insurance...

When Can the Police Search Me or My Car

There are limits on what they police can and cannot do. The Constitution, and, in this instance, the Fourth Amendment, provides an important buffer of protection between citizens, and the power of the State. We are all guaranteed the right to be...

How much is an average personal injury settlement?

Every personal injury clients asks, understandably, “what is the value of my case?” The second question, invariably, and appropriately, is “what do I get in my pocket?” The first question, frankly, is a difficult question to...

what-prove-win-personal injury-trial

We’ve seen that the plaintiff has the obligation of carrying the day in a car accident or negligence case. In law school, the burden of proof is sometimes discussed as being a both an obligation to produce sufficient supportive evidence, and...

Insurance coverage and the out-of-state car accident

Maryland law provides that polices issued to Maryland residents must provide at least 30,000 in liability insurance coverage. [i.e. to pay for someone loss or damage in the event you hit and injure them] Maryland law also provides that if the...

Black ice and personal injury lawsuits.

The American Meteorological Society tells us black ice is “a popular alternative for glaze. A thin sheet of ice, relatively dark in appearance, may form when light rain or drizzle falls on a road surface that is...

Ice, parking lots, sidewalks and personal injury cases

The owner of person in control of property owes a variable duty to protect people on that property from harm. The responsibility depends on the class of individual assigned under the law. The law recognizes four classes of people who could be...
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