Defendant's Attorney: Carlos Andres Uriz and Justin McArthur Cuniff

Description: Baltimore, Maryland personal injury lawyer represented the Plaintiff who sued the Defendant on a negligence theory claiming $94,000 in damages and/or injuries.

This case was filed in the Circuit Court for Anne Arundel County, C-02-CV-23-000668, and was removed to federal court by the Defendant.

Dave & Buster's Grand Sports Cafe in a restaurant and entertainment business headquartered in Dallas. Each Dave & Buster's has a full-service restaurant, full bar, and a video arcade. As of September 2023, the company has 156 locations in the United States, two in Puerto Rico and two in Canada.

"Maryland premises liability law is a body of law that holds property owners and occupants responsible for injuries that occur on their property as a result of their negligence. The law applies to both business and residential properties.

To establish a premises liability claim in Maryland, the plaintiff must prove the following elements:

The plaintiff was a licensee or invitee on the property.
The defendant owed the plaintiff a duty of care.
The defendant breached that duty of care.
The breach of duty was the proximate cause of the plaintiff's injuries.
The plaintiff suffered damages as a result of the injuries.

Licensee or invitee

A licensee is someone who is on the property with the permission of the owner or occupant, but for their own benefit. For example, a social guest is a licensee. An invitee is someone who is on the property for a purpose that benefits the owner or occupant. For example, a customer at a store is an invitee.

Duty of care

Property owners owe a duty of care to licensees and invitees to keep their property safe from dangerous conditions. This duty of care includes inspecting the property for dangerous conditions, repairing any dangerous conditions that are found, and warning visitors of any known dangerous conditions.

Breach of duty

A property owner breaches their duty of care if they fail to take reasonable steps to keep their property safe from dangerous conditions. For example, a property owner breaches their duty of care if they fail to repair a broken stair, or fail to warn visitors of a wet floor.

Proximate cause

The property owner's breach of duty must be the proximate cause of the plaintiff's injuries. This means that the breach of duty must be the main cause of the plaintiff's injuries. For example, if a plaintiff slips and falls on a wet floor, the property owner's failure to warn the plaintiff of the wet floor is the proximate cause of the plaintiff's injuries.

Damages

The plaintiff must have suffered damages as a result of their injuries. Damages can include medical expenses, lost wages, and pain and suffering.

Defenses to premises liability claims

There are a number of defenses that a property owner may raise in response to a premises liability claim. Some common defenses include:

Contributory negligence: This defense is available in Maryland. It allows the property owner to reduce the plaintiff's damages by the percentage that the plaintiff was at fault for the accident.
Assumption of risk: This defense is available in Maryland. It bars the plaintiff from recovering damages if the plaintiff knew of the danger and voluntarily chose to expose themselves to it.
Statute of limitations: The statute of limitations for premises liability claims in Maryland is three years. This means that the plaintiff must file their lawsuit within three years of the date of the accident.

If you have been injured on someone else's property, you should contact an experienced premises liability attorney to discuss your legal options. An attorney can help you determine whether you have a valid claim and can represent you in court if necessary."

Google Bard

Outcome: Settled for an undisclosed sum and dismissed with prejudiced.

Plaintiff's Experts:

Defendant's Experts:

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