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State and Local Government Law

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University of Baltimore Law

2014

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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, Ame P. Roberts Jan 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, Ame P. Roberts

University of Baltimore Law Forum

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 …