Tag Archives: negligence

Contributory negligence standard survives challenge in Maryland

Long before the Civil War, the high court of Maryland instituted the doctrine of contributory negligence. On Tuesday, the current high court of Maryland said that if anyone is going to change that rule – which bars any chance of ...

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Benchmarks: State Farm must defend drunk homeowner

A Pennsylvania court ruled earlier this month that State Farm had a duty to defend a 71-year-old homeowner sued for shooting a houseguest he mistook for an intruder. The Pennsylvania Superior Court concluded that the fact the homeowner, James DeCoster, ...

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Landowners may have duty to fix ‘open and obvious’ hazards

The “open and obvious danger” rule does not apply to preclude a finding of negligence in a premises liability action filed by a tenant who was injured when he unsuccessfully attempted to flip into an inflatable pool from a trampoline, ...

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