September 2012 Newsletter

As the song goes, Please release me, let me go….. Whether in your Doctor’s office or at a child’s rock climbing party, you are often presented with a form to sign before you can receive service.  Do you know what you are signing and does it really release the business provider from liability should something go wrong?  The general answer is No.  If you are the victim of someone’s failure to provide a reasonable and safe service, you reserve the right to sue them regardless of what form you sign.  However, if you are made aware of the potential dangers of your activity and you get injured, then the business may be protected from a lawsuit (the legal defense of assumption of the risk).  This defense generally does not apply to children, even when a parent signs a waiver on their child’s behalf.  If you ever find yourself in a situation where you may have been taken advantage of, call me to discuss your rights.

On October 1, a new law will go into effect in Maryland that requires all drivers of mopeds, vespas or other two-wheel motorized vehicles to secure insurance on these vehicles just as you do for a car.

Why do I tell clients not to discuss their case with anyone?  If you tell your friend or neighbor facts about your case (I am pretending to be hurt to just make money, I really did write that bad check on purpose), you are waiving your Attorney-Client Privilege and your conversation becomes discoverable in litigation.  If you limit your discussions with only your attorney, the information remains a secret.  I also offer this advice:  if you want my legal services, you must agree to suspend your Facebook account while your case is pending; no pictures, no text, until our case concludes.

END DISTRACTED DRIVING: Did you know that if you are texting while driving you are considered more impaired than a person who has had the equivalent of four beers?  So far, over 1300 high school students and faculty have heard this important message through my presentations – together, we are working to save lives.  I want to thank the administrations of both Calvert Hall High School and St. Paul’s Upper School for Boys for inviting me to speak on the dangers of Distracted Driving earlier this month.  Please call me if you know of a parent or student group that you believe would benefit from hearing this important message.

Go Orioles. Be well.   John CM

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