Maryland
How Davis v. City of Chicago applies in Maryland: state-specific rules, key cases, and bar exam notes for Torts.
Maryland follows a similarly protective approach regarding governmental immunity and the duty of care owed by municipalities. When assessing tort claims against local governments, Maryland courts evaluate whether a special relationship exists that would create a duty of care, especially in public safety contexts.
In Maryland, public entities can be liable under the doctrine of tort law if they possess a special duty owed to specific individuals, leading to their failure to act resulting in harm.
The court held that a government entity can be liable if it undertakes a voluntary act that creates a special duty to protect specific individuals.
The court ruled that the police do not owe a general duty to the public in enforcing laws, but can be found liable if they promise protection to an individual.
Courts affirmed that public entities can be liable if they failed to act when a special relationship created a duty that would necessitate intervention.
Maryland's approach is consistent with federal principles surrounding state-created danger and municipal liability, but it often emphasizes the existence of a special relationship more closely than some federal interpretations, which may allow broader interpretations of liability.
Understanding the principles of governmental immunity and special duty in torts is crucial for Maryland bar exam takers, especially given their relevance in municipal liability discussions.