Maryland

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (MARYLAND)

All Tort Claims - 3 yrs. [MD Code, Courts and Judicial Proceedings § 5-101]

Personal Injury - 3 yrs. [MD Code, Courts and Judicial Proceedings § 5-101]

Med Mal - 3 yrs. from discovery, 5 yrs. from occurrence, whichever is earlier [MD Code, Courts and Judicial Proceedings § 5-109]

Wrongful Death - 3 yrs. (from date of death) [MD Code, Courts and Judicial Proceedings § 3-904]

Property Damage - 3 yrs. [MD Code, Courts and Judicial Proceedings § 5-101]

Contracts (Written and Oral) - 3 yrs. [MD Code, Courts and Judicial Proceedings § 5-101]

Strict Product Liability - 3 yrs. [Phipps v. General Motors Corp., 363 A.2d 955 (Md. 1976)]

Contracts for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [MD Code, Commercial Law § 2-725]

Claims Against Architects/Engineers/Contractors - 3 yrs. [Md. Code Ann. Cts. & Jud. Proc. § 5-108(b)] 

 

Pursuant to “discovery rule,” a cause of action accrues when Plaintiff knew (or should have known) that actionable harm was done [Bragunier Masonry Contractors, Inc. v. The Catholic University of America, 796 A.2d 744 (Md. App. 2002)]

 

 

Statutes of Repose (MARYLAND)

Products - None.

Construction of Real Property - 10 yrs. for engineers, architects, contractors; 20 yrs. for everyone else. [Md. Code Ann. Cts. & Jud. Proc. § 5-108(b)]. 

Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (MARYLAND)

Against State - Notice within 1 yr., Suit within 3 yrs. [MD Code, State Government § 12-106]

Against Local Government (City, County) - Notice within 1 yr. [MD Code, Courts and Judicial Proceedings § 5-304]

 

Contributory Negligence (MARYLAND)

Strict contributory (Plaintiff is barred from recovery even if 1% at fault) [Board of County Com'rs of Garrett County, Md. v. Bell Atlantic-Maryland, Inc., 695 A.2d 171 (Md. 1997)], but strict liability claims are not barred [Montgomery County v. Valk Mfg. Co., 562 A.2d 1246 (Md. 1989)]

 

 

 

Made Whole Doctrine (MWD) (MARYLAND)

Rejected.  Homeowners’ Insurer that paid policy limits for fire destroying the house was entitled to subrogation from Tortfeasor before Insured was made whole; Insured’s failure to insure his property adequately created no responsibility by Insurer, and principles of equity did not apply [Stancil v. Erie Ins. Co., 740 A.2d 46 (Md. App. 1999)]

 

 

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (MARYLAND)

Recognized/applied. There is no recovery under negligence theory for purely economic losses resulting from defective product [A.J. Decoster Co. v. Westinghouse Elec. Corp., 634 A.2d 1330 (Md. App. 1994)].

 

However, Plaintiff may still recover in tort if defect creates substantial and unreasonable risk of death or personal injury [U.S. Gypsum Co. v. Mayor and City Council of Baltimore, 647 A.2d 405 (Md. App. 1994)].  In order to assert a products liability theory, an action sounding in tort, but one premised on economic loss alone, Plaintiff must allege facts that demonstrate that the product creates a dangerous condition, one that gives rise to a clear danger of death or personal injury; when the risk of serious injury/death and the likelihood of the damage are great enough, the cost to remedy the product defect stands in the place of actual physical injury [Lloyd v. General Motors Corp., 916 A.2d 257 (Md. App. 2007)]

 

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (MARYLAND)

In malpractice cases (against architects, engineers, surveyors, interior designers, etc), Plaintiff must file a certificate of a qualified expert containing a statement attesting that the licensed professional failed to meet an applicable standard of professional care [MD Code, Courts and Judicial Proceedings § 3-2C-02].  Different/separate rules apply to Med Mal actions.

 

 

Landlord/Tenant Subrogation (MARYLAND)

Subrogation allowed, “Sutton Rule” rejected [Rausch v. Allstate Ins. Co., 882 A.2d 801 (Md. App. 2005)]

 

Reimbursement of Deductible(s) (MARYLAND)

No law available.

MedPay and PIP (MARYLAND)

MedPay and PIP - No subrogation allowed and/or no such coverage available.

 

 

 

Liability of Parents (MARYLAND)

$10,000 in restitution payments [MD Code, Criminal Procedure § 11-604]

 

Joint Liability (MARYLAND)

In tort cases, joint and several liability (Plaintiff may recover all damages from any Defendant regardless of Defendant’s individual share of liability) [Md. Code § 3-1401]

 

 

Independent Cause of Action for Intentional or Negligent Evidence Spoliation (MARYLAND)

Not addressed/recognized.

Conflicts of Law (MARYLAND)

Torts - Maryland will apply the law of the state where the injury was suffered, not the place where the wrongful act took place [In re Sabin Oral Polio Vaccine products liability Litigation, 774 F. Supp. 952 (D. Md. 1991)].  Contracts - Maryland will apply the law of the state where the last act necessary under the forum’s rules of offer and acceptance to give the contract binding effect occurred [Commercial Union Ins. Co. v. Porter Hayden Co., 698 A.2d 1167 (Md.App.1997)].