DeCaro, Doran Litigation In Brief - Fall 2015

By Jennifer A. King

The long established premises liability law in Maryland clearly states that in order to establish a case of negligence arising out of a slip and fall, a plaintiff must show that a business proprietor had actual notice of a dangerous condition on the property or set forth admissible evidence to establish that the specific dangerous condition remained on the floor for a substantial length of time before the incident, i.e. constructive notice.  Further, under a theory of constructive notice of a dangerous condition, a plaintiff is required to establish evidence of “time on the floor” without speculation.  Recently, in the case of Zilichikhis v. Montgomery County, Maryland, plaintiffs urged the court to completely dismiss the well-established case law in Maryland and adopt what is known as the “mode of operation rule” thereby eliminating the requirement of notice in premises liability cases.  Samuel DeBlasis and Jennifer King of DeCaro Doran successfully convinced the Maryland Appellate Courts to reject such a liberal theory of negligence, thereby protecting property owners from expanded liability exposure.
Recent Developments - Maryland
The Court determines what is a sufficiently pled complaint in a claim under the Maryland Consumer Protection Act.
A correctional officer is not entitled to immunity if there is a finding of gross negligence.
Circumstantial evidence was sufficient in a claim alleging injuries as a result of lead-based paint.
Recent Developments - Virginia
A jury verdict should not be disturbed if it is supported by a logical interpretation of the factual issues.
Specific facts must be pled to support claims for trespass, nuisance, negligence per se, and ordinary negligence.
Recent Developments - District of Columbia
Amendments to the D.C. Superior Court Rules
The validity of a contract when one of the parties is a foreign corporation with a revoked registration is addressed by the Court.
About the Firm
DeCaro Doran is very pleased to announce that Kira E. Zuber and Diane E. Moir have joined the firm as Associate Attorneys. Kira joins us after completing a judicial law clerk position and Diane comes to the firm after relocating from Great Neck, New York.  
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