Legal Opinion

Blackburn Ltd. Partnership v. Paul

Court of Appeals of Maryland

Decided April 28, 2014No. 55/13PublishedCited by 38 opinions

1Opinion of the CourtAdkins, J.

This case involves the intersection of two distinct principles in our tort jurisprudence. On one hand, Maryland law recognizes that property owners owe no affirmative duty of care to trespassers. On the other hand, settled Maryland precedent acknowledges that, in some instances, the duty of care in a negligence action may arise from statute or regulation. Our task is to examine this intersection, and clarify the relationship between these two facially divergent principles.

FACTS AND LEGAL PROCEEDINGS

Around 9 a.m. on June 13, 2010, three-year-old Christopher Paul and his ten-year-old brother,…

2Cases cited29 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Beatty v. Trailmaster Products, Inc.Court of Appeals of Maryland · 1993
  3. Myers v. KayhoeCourt of Appeals of Maryland · 2006
  4. Peterson v. UnderwoodCourt of Appeals of Maryland · 1970
  5. Curtis v. StateCourt of Appeals of Maryland · 1979

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3Cited by38 opinions

  1. Nationstar Mortgage v. KempCourt of Appeals of Maryland · 2021
  2. Kiriakos v. Phillips Dankos v. StapfCourt of Appeals of Maryland · 2016
  3. Fangman v. Genuine Title, LLCCourt of Appeals of Maryland · 2016
  4. Stracke v. Estate of ButlerCourt of Appeals of Maryland · 2019
  5. Zilichikhis v. Montgomery CountyCourt of Special Appeals of Maryland · 2015

33 more not listed; retrieve them via the Exa API.

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