Maryland Tort Laws

In 2014, an inmate staying at the old Baltimore Detention Center was severely attacked by other inmates while corrections officers watched on. The beating had left the victim with life-changing injuries, and in 2019, a jury’s verdict awarded him $25 million for his damages. However, due to the sovereign immunity provided and the cap on damages set by the Maryland Tort Claims Act, the award was reduced to $200,000.

The case has sparked discussions on the constitutionality of the damage caps imposed by the MTCA. Later on, in March 2023, the Board of Public Works approved a $7 million settlement before the victim’s attorney could challenge the cap’s constitutionality in court.

Tort law encompasses a broad range of civil actions. Personal injury law is one of the subsets of tort law that primarily deals with physical harm, and both operate under the principle that victims must be compensated for the harm they suffered. However, as seen in the given case above, laws have certain stipulations that may limit a victim’s recovery. This article will provide an overview of the tort laws in Maryland.

Basic Tort Categories in Maryland

Negligent Torts

A negligent tort occurs when an individual’s or entity’s carelessness ends up harming another person. It includes motor vehicle crashes, slips and falls, workplace accidents, and medical malpractice. When pursuing a negligent tort, the plaintiff must demonstrate the four elements of negligence to establish their case:

1. The defendant has a duty of care. Everyone owes a duty of care to others. For example, construction companies are obligated to ensure that working conditions are safe enough for workers in construction sites.

2. The defendant must have breached that duty of care. Following the example above, if a construction company has decided to cut costs by purchasing substandard construction equipment, then it can be said that they are breaching their duty of care.

3. The breach has harmed the plaintiff. There may be various factors in an accident that could have caused the plaintiff’s injuries, so they must prove that the defendant’s breach of duty is indeed the cause. In this case, there must be evidence that faulty construction equipment has hurt the plaintiff.

4. The plaintiff must have suffered damages. A plaintiff cannot be compensated if they have not incurred damages. The plaintiff can present medical records and hospitalization bills to prove their damages.

Intentional Torts

Intentional torts refer to harm resulting from acts that have been carried out with specific intent. It is worth noting that intention is only required for the action that caused the harm, and not the results. Essentially, if a deliberate action had unintended results, the defendant can still be held legally responsible, as is the case with pranks.

Additionally, unlike negligent torts, plaintiffs in an intentional tort do not need to prove their damages. Some examples of intentional torts include trespassing, defamation, stalking, and assault.

Strict Liability Torts

Strict liability torts apply to cases wherein there is neither negligence nor intent to harm. It is commonly encountered in product liability cases that deal with defective products, wherein the product designer, manufacturer, or seller is subject to the strict liability doctrine and will be held liable for damages. Product defects can manifest through an error in the manufacturing process, failure to provide sufficient warnings about the product, or an inherent flaw in its design.

Like negligence torts, there are four elements that a plaintiff must prove in a product liability claim:

1. The product was already in a defective condition at the time of purchase.

2. The plaintiff had already been expecting the product, and had received the product without any notable changes in its condition.

3. The defect posed an unreasonable amount of danger to the plaintiff.

4. The defect caused the plaintiff’s injuries.

Dog Attacks

Dog owners in Maryland are also subject to strict liability when their dog attacks another person. The plaintiff will not be required to prove that the owner had been negligent, nor that the dog had a history of being aggressive that the owner should have known. The law protects victims who had been bitten, tripped, or knocked over by a dog.

However, if the victim had contributed in any manner to their injury, then they shall be barred from receiving compensation. This applies to cases wherein the victim had trespassed the defendant’s property or provoked the dog, which led to the attack.

Ultrahazardous Activities

Maryland also imposes strict liability for unreasonably dangerous activities conducted on spaces that affect neighboring properties. For example, if an individual decides to store highly flammable material within their property and a fire breaks out, then they can be held strictly liable for the damages to the local community. 

State courts consider certain factors when deciding whether an activity is unreasonably dangerous: 

• The likelihood of the activity to cause harm to a person or property.

• The severity of harm that may result from the activity.

• Whether a sufficient amount of caution can eliminate the risk.

• Whether the activity is commonplace.

• The appropriateness of the activity with respect to the surroundings.

• Whether the activity holds any benefit to the community.

Other Tort Categories in Maryland

Economic Torts

Torts that harm the financial prospects of a business are known as economic torts. These can be the result of negligence or deliberate efforts to sabotage a business. Some common examples of economic torts include:

• Misappropriation of trade secrets. This occurs when confidential information that gives a business a competitive advantage gets leaked to competitors or the public.

• Tortious interference. This can be filed against third parties who deliberately interfere with business or contractual relationships.

• Unfair and deceptive trade practices. Some competitors may resort to tactics that are deliberately meant to sabotage a business, such as deceptive advertisements.

Public and Private Nuisance

Maryland law defines nuisance as the substantial and unreasonable interference with an individual’s enjoyment of their property. A nuisance per se refers to acts and structures that can be considered a nuisance regardless of circumstances. This is in contrast with nuisance in fact, which pertains to acts and structures that become a nuisance due to circumstances.

Nuisances can be public or private. When a right common to the general public has been interfered with, then an act can be considered a public nuisance. An example of this would be illegal parking on the street, which obstructs the community’s right to safe and wide roads. On the other hand, private nuisances refer to acts that are much limited in scale, such as a homeowner letting their dog ruin their neighbor’s lawn. 

Tort vs. Crime in Maryland

Some intentional torts can be confused for crimes, and it is true that there are intentional torts that have corresponding criminal charges. However, there is one key difference that sets torts aside from crimes. Torts breach an individual’s civil rights, while crimes endanger society as a whole by posing a threat to peace and order.

In civil lawsuits for torts, the court determines whether the defendant is liable for the plaintiff’s injuries. The legal action is between the victim and the liable party. On the other hand, criminal courts determine whether an accused person is guilty, and the legal action in this case is between the state prosecutor and the accused.

Mass Torts in Maryland

When there are multiple plaintiffs who have incurred damages from the same product or service, the ensuing legal action may be classified as a mass tort. Although the most common mass torts involve product liability lawsuits, there are also cases that involve medical malpractice, such as the lawsuit against Dr. Nikita Levy, an OB-GYN affiliated with Johns Hopkins Hospital.

In 2013, it was discovered that Dr. Levy had been secretly photographing and videotaping his patients. The doctor had taken his own life shortly after being busted, and legal action was taken against the hospital for failing to supervise him. In 2015, the hospital paid a $190 million compensation into a qualified settlement fund, which was allocated to more than 8,000 victims.

Mass Torts vs. Class Actions

Although similar in nature, mass torts have a few key differences from class actions. In a mass tort, each plaintiff’s case is still treated individually, which means that they have the flexibility to negotiate the terms of settlement depending on their injuries. However, this also means that the case may take longer to settle.

On the other hand, class actions consolidate all the cases into one lawsuit, and any settlement awarded is distributed among class members. Class actions can also take years to resolve, but it is faster compared to mass torts. Its downside is that some victims may not receive sufficient compensation that is appropriate for the extent of their damages.

The Mass Tort Process

The mass tort process starts with a consultation with a litigation attorney. An individual may not be initially aware that their case fits into a mass tort, but their attorney will make recommendations if there are enough cases. A plaintiff can either join an existing multi-district litigation or start their own group. A mass tort requires permission from the court, which will decide based on the following factors:

• The volume of plaintiffs.

• The similarity of injuries among the victims.

• The geographical dispersion of the plaintiffs.

In a multidistrict litigation or MDL, a federal judge will hear cases from various jurisdictions. The judge may choose a few sample cases from the group and conduct bellwether trials, which will give both sides in the litigation an idea of how future cases may turn out. In some cases, bellwether trials can convince the defendant to enter settlement negotiation talks with the plaintiffs to avoid further wasting resources in legal battles.

Maryland Tort Liability Insurance Requirements

All businesses in Maryland with at least one employee are required to carry workers’ compensation insurance. However, businesses with no more than $15,000 annual income and agricultural businesses with less than three employees are exempt from this requirement.

Commercial auto insurance is also required for business-owned vehicles. It follows the same minimum requirements for auto liability insurance, which is set at $30,000 per person and $60,000 per accident in bodily injury liability, and $15,000 per accident in property damage liability. 

The Statute of Limitations for Tort Cases in Maryland

The standard statute of limitations for most torts in Maryland is three years. This applies to personal injury, product liability, property damage, fraud, and trespassing lawsuits. For cases involving assault, libel, and slander, the plaintiff only has a year to pursue legal action. Victims of medical malpractice have three years from the date when they discover their injury, or five years from the date of the injury, whichever is earlier.

The countdown may also be tolled under the following circumstances:

• The victim was still a minor when the injury occurred, or was suffering from mental health issues.

• The victim was in the middle of filing for bankruptcy.

• The victim was incarcerated at the time of the injury.

• The defendant has fled or cannot be found.

Lawsuits against the federal government must be filed within two years. For cases involving personal injury, claims must be made within a year with the state treasurer. If the claim is denied or the treasurer failed to respond within three months, then legal action must be pursued within three years.

How Much Can Someone Sue in a Tort Case in Maryland?

Tort victims in Maryland can recover economic, non-economic, and punitive damages on successful lawsuits. However, the state limits the amount a plaintiff can recover from non-economic damages, which have been summarized in the table below:

It is worth noting that Maryland is one of the four remaining states that still follow the doctrine of contributory negligence. Under this rule, if the victim is even 1% at fault for their damages, then they are prohibited from receiving compensation. For claims against the state, plaintiff recovery is currently capped at $400,000.

Other Legal Remedies in Tort Cases in Maryland

Victims of intentional torts with a corresponding criminal charge can receive restitution from the convicted party. This form of compensation is independent of the settlement in the respective civil case, which means the convicted individual may still be required to pay restitution even if they have already compensated the victim in a civil action.

There are also torts that require supplementary legal action aside from awarding damages to the victims, which often come in the form of an injunction. An injunction is a court order that obliges a defendant to take or refrain from certain actions. Maryland courts can issue three types of injunctions:

• Temporary restraining orders. This is issued at the start of a case. Its maximum duration is 10 days for a Maryland resident, or 35 days for a non-resident, although it can be extended in some cases.

• Preliminary injunction. This lasts for the entire duration of the case.

• Permanent injunction. This refers to the final resolution reached by the court, and its duration can be indefinite.

Legal Resources for Tort Victims in Maryland

Maryland Legal Aid

Maryland Legal Aid is a private, nonprofit law firm that serves low-income individuals across the state from its 12 office locations. It handles civil cases such as consumer rights, debt collector harassment, wage claims, and domestic abuse. MLA’s Tenants’ Right to Counsel Project also protects renters from being unlawfully evicted. Those in need can apply online or call 1-888-465-2468.

ACLU of Maryland

The ACLU of Maryland provides legal help to locals and defends their civil rights. Its efforts are focused on cases involving government accountability, the legal justice system, immigrants’ rights, and individual autonomy. The organization is also committed to emphasizing race equity in its work and supports black, indigenous, and people of color. ACLU of Maryland can be reached through its phone number -443- 524-2558 on Tuesdays and Thursdays from 1:00 - 3:00 p.m. or online through its legal help form.

Maryland Pro Bono Resource Center

Maryland Pro Bono Resource Center is the pro bono arm of the Maryland State Bar Association. It provides civil legal aid to immigrants and hosts free legal clinics that cater to low-income families in areas of critical need. The center also has a Courtroom Advocacy Project that is focused on eviction prevention and debt defense. Those interested in the project can call 443-703-3053 for more information. For other concerns, PBRC’s office number is 410-837-9379.