Wednesday, October 3, 2012

MCOA (MARYLAND COURT OF APPEALS) BLOG: Pit Bulls, Personal Injury

From the national general practice law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors: "Still working. Still committed. Still here to make a difference." Consult an attorney directly for advice and consultation.

PERSONAL INJURY

(1) The Maryland Court of Appeals (MCOA) is considering changing Maryland's personal injury law after a civil suit in which a Howard County soccer player was injured when a cross-bar crashed in his face (Baltimore Sun, 9/17/2012).

Along with neighboring District of Columbia, Maryland is one of only four state jurisdictions that bar injured people from collecting damages in lawsuit claims if they had any role in the accident (contributory negligence), regardless of who a jury determines is liable. The MCOA is considering whether to allow some payment even when "contributing negligence" is an issue.

The original standard of contributory negligence was adopted judicially in Maryland in the 1847 case of Irwin v. Spriggs.

PIT BULLS

(2) In addressing a motion for reconsideration of its controversial decision in Tracey v. Solesky, outlawing pit bulls and mixed-breed (pit bulls) in Maryland, the Maryland Court of Appeals (MCOA) has upheld its ruling declaring pure breed pit bulls to be "inherently dangerous" but has now ruled in a revised order that mixed breed dogs are not subject to strict liability standards (Dorothy M. Tracey v. Anthony K. Solesky, et al., Maryland Court of Appeals, No. 53, September Term 2011, On Motion for Reconsideration, Opinion Filed August 21, 2012).

[www.bizjounrals.com/ 09-18-2012/ "Md. Court of Appeals Considers Changing Personal Injury Law"; www.foxbaltimore.com/ Tuesday, 8-21-2012/ "Pit Bulls"]

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