In a new Appellate Court of Maryland decision, the court addressed municipal liability for injuries sustained due to potentially negligent maintenance of public infrastructure.
The court examined the concepts of contributory negligence, where a plaintiff’s own negligence might offset the defendant’s liability, and the assumption of risk, assessing whether the plaintiff knowingly and voluntarily exposed himself to a known hazard. Additionally, the court addressed the sufficiency of the City’s notice regarding the potential danger of the storm grate and the relevance of past similar incidents. (Baltimore is always “the City” to me but it makes sense to abbreviate Annapolis that way here.)
While this is an unreported opinion, this case is instructive for understanding how Maryland courts navigate the complexities of these aspects of negligence law, particularly in the context of municipal responsibility and the nuances of contributory negligence and assumption of risk defenses.