On Monday, the Court of Appeals of Maryland (our highest court) issued an opinion dealing with the duty of a property owner to third-parties. The principle that it articulates may be more important that it first appears.
The case is Steamfitters Local Union No. 602 v. Erie Insurance Exchange.
While the opinion deals with a number of issues, this may be the most important passage (at slip. op. 43):
While the opinion deals with a number of issues, this may be the most important passage (at slip. op. 43):
For at least the past 80 years, this Court has recognized that ownership, operation, and maintenance of property comes with a common law duty to use reasonable care so as not to cause harm to the neighboring property owners.
A duty may arise when, viewing the totality of the circumstances, there exists a dangerous or hazardous condition on the property and the property owner was on notice of the dangerous or hazardous condition.
Given the present situation with the pandemic, the principle can be generalized as follows: "There is a common law duty to use reasonable care so as not to cause harm to neighbors."
By, for instance, wearing masks, using appropriate distance, and not having events, such as religious services, parties, etc., that involve large groups.
I have posted a copy of the opinion here:
slnews.us/pbgl072920a
I have posted a copy of the opinion here:
slnews.us/pbgl072920a
