Archives for February 2014

Legislators In Maryland Seeking to Clarify Dog Bite Law Could Make Proving Liability for Dog Attacks More Difficult

Maryland legislators will be reviewing proposed legislation this session that would require dog bite victims to prove that the owner of the dog knew or had reason to know that the dog was dangerous.

This is a major step back from the Maryland Court of Appeals decision handed down in 2012, which labeled pit bulls as “inherently dangerous.” That ruling allowed victims to hold landlords and homeowners responsible for their injuries without proving their knowledge of the dog’s past behavior.

The 2012 decision sparked controversy over labeling certain breeds as inherently dangerous, which imposed essentially automatic or strict liability on the dog owner for the attack.  Since that decision, animal rights advocacy groups have been lobbying hard for a breed-neutral law under the notion that the types of dogs covered i.e. pit bulls, are not naturally more hostile or dangerous, but are made that way due to the treatment and training by the owner. If this legislation goes through the compromise creates more difficult hurdles for victims to prove their case and receive the compensation they deserve for their injuries, particularly in those cases where the dog seems to be a member of a known “dangerous” breed.

If you or a loved one has been bitten by a dog and suffer from severe injuries, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Maryland dog bit attorney.

Motorcycle Safety in Maryland

Riding a motorcycle can feel like a day of freedom, especially this time of year when the snow, ice, and colder temperatures can keep you off the bike for weeks and even months at a time. When you do get the chance to ride, though, remember these safety tips to keep you and your passengers safe.

  • Always wear a helmet. It’s the law in Maryland, and it can prevent severe brain injuries.
  • Do your pre-ride check to make sure your lights, brakes, and turn signals are all functioning properly.
  • Obey posted speed limits and brake slowly.
  • Keep out of blind spots of other drivers.  This is one of the main causes of car-motorcycle accidents.
  • Never drink and ride. It’s not worth the risk of serious injury or fatality to you, your passenger, or the people sharing the road with you.
  • Do not try to short cut traffic ahead, by driving up the middle or in between lanes to get ahead.

If you are suffering from injuries sustained in a motorcycle accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced motorcycle injury attorney. Our office is conveniently located in Rockville, Maryland.

Change in Court interpretation of insurance policies to benefit consumers?

This year the Maryland Court of Appeals will hear arguments in a case involving the collapsed carport of Gregory and Moria Taylor. State Farm Fire and Casualty Co. denied a claim filed by the couple because their insurance policy covered the collapsing of a “building” and the company did not consider the carport a building.

Most states require consumer insurance policies to be interpreted to the benefit of the consumer. Maryland, however, has followed a different standard that allows the insurance company to interpret their own policy as long as they act in good faith and their definitions comply with the reasonable and commonly accepted understanding of the words used.

The Court of Appeals will decide this year whether to follow the trend to require the interpretation of ambiguities in the policy to favor the consumer instead of the insurance company. This case could be a great victory for consumers in our state.

If you have been denied unfairly for your insurance claims, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Maryland attorney. Our office is conveniently located in Rockville.