Negligence Case

Decent Essays
In order to make a prima facie showing of negligence, a plaintiff must show: “‘(1) that the defendant was under a duty to protect the plaintiff from injury, (2) that the defendant breached that duty, (3) that the plaintiff suffered actual injury or loss, and (4) that the loss or injury proximately resulted from the defendant's breach of the duty.’” Todd v. Mass Transit Admin., 373 Md. 149, 155 (2003) (quoting Muthukumarana v. Montgomery Cnty., 370 Md. 447, 486 (2002)). The first question—that is, whether and the scope of any duty the defendant owed to the defendant—is a legal determination that is to be resolved by the court. Valentine v. On Target, Inc., 353 Md. 544, 549 (1999) (“Generally, whether there is adequate proof of the required elements…show more content…
Valentine, 353 Md. at 550 (“[D]uty is a question of whether the defendant is under any obligation for the benefit of the particular plaintiff; and in negligence cases, the duty is always the same—to conform to the legal standard of reasonable conduct in the light of the apparent risk.” (internal quotation omitted)); Palsgraf v. Long Island R. Co., 162 N.E. 99 (1928) (J. Cardozo) (“If no hazard was apparent to the eye of ordinary vigilance, an act innocent and harmless, at least to outward seeming, with reference to her, did not take to itself the quality of a tort because it happened to be a wrong, though apparently not one involving the risk of bodily insecurity, with reference to some one else.”). Stated differently, the question of whether the Co-Owners owed Byrne a duty requires this Court to…show more content…
See Restatement of Torts (Second) § 315 (1965) (no duty to control third person’s conduct so as to prevent physical harm to another unless a special relation exists between actor and third person, or between actor and the other.)’” Valentine, 353 Md. at 551-52 (1999) (quoting Scott v. Watson, 278 Md. 160, 166 (1976)); see also Nigido v. First Nat’l Bank, 264 Md. 702 (1972) (no duty of a bank to protect customers shot by robbers during holdup).
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