Punitive Damages are Possible in a Building Explosion Case

            The Silver Spring community is still recovering from the devastating apartment building explosion from last week.  The cause is still under investigation, but many suspect a gas leak to be a contributing factor. Just weeks before this horrendous explosion, residents reported smelling gas. A personal injury case resulting from an accident like this can yield not only the standard compensatory damages for pain and suffering, but also punitive damages. If it can be proven that the property management for the apartment complex were aware of a gas leak and elected to do nothing in order to save some money, punitive damages, or damages meant to punish the defendant for their inaction, may be appropriate. 

             Punitive damages are meant to punish a party for their inaction or for not taking the appropriate action.  In cases where a party had notice of a dangerous situation where it was foreseeable great harm could result, punitive damages are likely to result.  The cause in the Silver Spring apartment explosion has yet to be determined.  It will certainly be interesting to see when that determination is made.

             If you or a family member have been injured or killed in a Maryland building explosion caused by the negligence of another person and would like to consult an experienced personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations throughout Maryland or visit us online athttp://www.portnerandshure.com/Personal-Injury/

Maryland Accident Lawyer: What Clients Are Saying April 2016

“I am very pleased to of had Portner & Shure to take care of my case. I was truly blessed to have Heather as my paralegal, she was indeed very knowledgeable and went above and beyond to answer all of my questions and concerns. I cannot thank her enough for all of her hard work and dedication. Thank you, Portner & Shure for having exceptional individuals in your firm.”

This case was handled by our Paralegal, Heather Jung, who works out of our Columbia, MD Office.

Automated Cars: Cool Technology, but Who is Liable in a Car Accident?

          As cars become more technologically advanced, more and more questions arise in terms of accidents, liability, and safety on roadways.  Many new cars, trucks, and SUVs today come equipped with self-parking and braking capabilities.  Furthermore, several car manufacturers have built and are testing self-driving vehicles.  For example, Google-made cars have already taken the roads, as well as the first tractor-trailer approved to drive itself on Nevada highways that was created by Freightliner and Daimler. 

But, how safe are these automated cars and will they actually reduce the number of accidents?  The National Highway Traffic Safety Administration (NHTSA) seems to think so and strongly supports the new technology.  Tens of thousands of Americans die every year as a result of traffic accidents and over 2 million more people are injured.  The NHTSA believes that by reducing the role humans play in driving cars, accidents will greatly be reduced.  However, just because vehicles can operate on their own does not mean that an experienced driver will no longer be needed behind the wheel.  The best example used to refute that myth is an airplane pilot.  Airplanes are filled with technology that practically let them fly by themselves (i.e. autopilot), but pilots have some of the most extensive training and experience that allow them to be able to operate a plane in the event autopilot fails.  While most of the time technology works perfectly, it is far from perfect.

The biggest problems that we will face when most cars on the roads are automated will be driver engagement and who is liable in the event of an accident.  If the car is able to perform all aspects of driving on its own, why would the “driver” need to remain engaged with the road and the surroundings?  Distracted driving with texting and cell phone use will become even more rampant than today because people will not be required to actually “drive” and operate their vehicles.  To combat this potential problem, some car manufacturers such as Mercedes-Benz and Tesla have special sensors that force a “driver” to prove they are engaged with the car every so often.

As to the other problem of liability in this new world of self-driving cars, will car manufacturers start being held liable instead of the “drivers?”  While the number of human-caused accidents will likely decrease, the number of accidents caused by system errors will likely increase.  If an accident is caused because of a technological error in the car, can the car manufacturer be held liable in a personal injury suit?  That question remains to be seen.  It is certainly very interesting to think about and we will see what happens in the future as more and more self-driving vehicles are allowed on the roads.

If you or a family member has been injured or killed in an accident caused by the fault or negligence of another person and would like to consult an experienced Maryland personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Silver Spring or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/