Recent Development: Blackburn Ltd. P'ship v. Paul: If a Trespasser is a Member of a Specific Class Protected by an Ordinance or Statute, Property Owners Owe a Duty of Care Despite Common Law Rule That No Such Duty is Owed

Authors

Ame P. Roberts

Abstract

The Court of Appeals of Maryland held that the Statute or Ordinance Rule might apply, regardless of the common law duty to trespassers. Blackburn Ltd. P’ship v. Paul, 438 Md. 100, 112, 90 A.3d 464, 471 (2014) (citing Brooks v. Lewin Realty III, Inc., 378 Md. 70, 78, 835 A.2d 616, 620-21 (2003)). The court further concluded that Christopher Paul was a member of the class intended to be protected by statute, and suffered those injuries that the statute sought to prevent. Id. at 126, 90 A.3d at 479. Finally, the court held that a genuine issue of material fact existed and should have been submitted to the jury.

Recommended Citation

Roberts, Ame P. (2014) "Recent Development: Blackburn Ltd. P'ship v. Paul: If a Trespasser is a Member of a Specific Class Protected by an Ordinance or Statute, Property Owners Owe a Duty of Care Despite Common Law Rule That No Such Duty is Owed," University of Baltimore Law Forum: Vol. 45: No. 1, Article 6.
Available at: https://scholarworks.law.ubalt.edu/lf/vol45/iss1/6