Maryland CVS Premises Liability Case: Shopper Injured in Car Crash, Raises Questions About Preventative Measures

Imagine a scenario where a routine trip to your local CVS turns into a nightmare. You’re browsing the aisles, picking up a prescription, or simply heading for the exit when suddenly, a car crashes through the storefront, leaving you injured and bewildered. While this may sound like a far-fetched scenario, it’s a reality that one shopper in Maryland experienced, sparking a legal battle that raises critical questions about premises liability and preventative measures businesses should take to protect their customers.

A Catastrophic Incident in Salisbury

On December 10, 2019, a woman was shopping at a CVS Pharmacy in Salisbury, Maryland, when a driver attempting to park directly in front of the store lost control of their vehicle. Instead of stopping, the car surged forward, crashing through the glass storefront and striking the shopper. The impact caused serious injuries, leading the woman to file a lawsuit in September 2022 against the driver, several corporate entities affiliated with CVS, and the property owner.

The lawsuit alleges negligence on the part of all defendants, arguing that the absence of protective barriers, such as bollards, between parking spaces and the store entrance created an unreasonable risk of harm. The plaintiff contends that CVS and its affiliates were aware of this risk but failed to take appropriate precautions to protect their customers.

Premises Liability: What is the Legal Standard?

This case hinges on the legal principle of premises liability, which requires property owners and businesses to maintain a safe environment for visitors. However, businesses aren’t automatically liable for every accident that occurs on their property. In cases involving third-party actions, such as a car crashing into a store, the injured party typically needs to prove the following:

Notice of a Dangerous Condition: The business was aware of a dangerous condition, such as prior similar accidents.
Foreseeability: The risk of such an accident was reasonably foreseeable.
Failure to Take Precautions: The business failed to take reasonable precautions to prevent harm.

In essence, the plaintiff must demonstrate that CVS knew or should have known about the potential for a car to crash into the store and that they failed to take reasonable steps to prevent it.

The Legal Battle: CVS Disputes Liability

The case has become complex, with multiple defendants denying responsibility. CVS, in particular, has disputed control over the property, leading to legal arguments about which CVS entity is actually responsible for the store’s operations and safety.

Maryland CVS Pharmacy, LLC, and CVS Pharmacy, Inc. moved for summary judgment, arguing that they had no prior notice of a similar crash at the store and were therefore not responsible for the plaintiff’s injuries. They contended that businesses cannot be held liable for accidents that occur due to an unexpected third-party action unless there was a history of similar incidents that would have put them on notice of a danger.

Preventative Measures: What Could CVS Have Done?

The central question in this case is whether CVS took reasonable steps to protect its customers from foreseeable harm. The absence of bollards or other protective barriers in front of the store raises concerns about the adequacy of CVS’s safety measures.

So, what could CVS have done to prevent this type of accident? Here are some potential preventative measures:

Install Bollards: Bollards are short, sturdy posts that can be strategically placed to prevent vehicles from crashing into storefronts.
Implement Clear Traffic Flow Systems: Signage and markings can help direct traffic and prevent accidents in parking lots.
Enhance Lighting: Well-lit parking lots can deter criminal activity and improve visibility for drivers and pedestrians.
Regular Inspections and Maintenance: Regular assessments of the parking lot can help identify and address potential hazards, such as potholes or uneven surfaces.
Security Measures: Surveillance cameras and security personnel can provide an added layer of protection.

Parking Lot Accidents: A Common Occurrence

Parking lot accidents are more common than many people realize. Despite the lower speeds, collisions in parking lots can still result in significant damage and injuries. These areas pose unique dangers, with cars moving unpredictably, pedestrians walking between vehicles, and limited visibility.

Many parking lot accidents are caused by driver negligence, such as distracted driving, failure to yield, or speeding in tight spaces. However, property owners also have a responsibility to maintain safe conditions in their parking lots.

Maryland’s “Fault” Insurance System

Maryland follows a traditional “fault” system for auto insurance. This means that the driver who is at fault for an accident is responsible for covering the resulting damages, including injuries, medical expenses, and lost income.

If you’re injured in a parking lot accident in Maryland, you generally have three options:

File a claim with your insurance provider: Your insurance company may then pursue a subrogation claim against the at-fault driver’s insurance.
File a third-party claim against the at-fault driver’s insurance company: You can attempt to negotiate a settlement with the other driver’s insurance.
File a personal injury lawsuit: You can sue the at-fault driver in a Maryland civil court.

Contributory Negligence: A Strict Standard

Maryland adheres to the strict doctrine of contributory negligence. This means that if you are found to be even partially responsible for the accident, you may be barred from recovering any damages. Therefore, it’s crucial to exercise caution and avoid any actions that could be construed as contributing to the accident.

The Importance of Evidence

If you’re involved in a parking lot accident, it’s essential to gather as much evidence as possible to support your claim. This may include:

Police report: If the police respond to the scene, they will file a report documenting the accident.
Photos and videos: Capture images of the accident scene, including vehicle damage, injuries, and any relevant conditions.
Witness statements: Collect contact information from any witnesses who saw the accident.
Medical records: Obtain documentation of your injuries and medical treatment.

The Statute of Limitations

In Maryland, the statute of limitations for personal injury claims is generally three years from the date of the accident. This means that you must file a lawsuit within three years, or you may lose your right to seek compensation.

Seeking Legal Assistance

If you’ve been injured in a parking lot accident or a storefront crash, it’s crucial to seek legal assistance from an experienced Maryland personal injury attorney. A skilled attorney can help you understand your rights, investigate the accident, gather evidence, and negotiate with insurance companies to pursue the compensation you deserve.

Conclusion

The Maryland CVS premises liability case highlights the importance of businesses taking reasonable steps to protect their customers from foreseeable harm. While businesses aren’t insurers of their customers’ safety, they have a duty to maintain a safe environment and address known risks. As this case progresses, it will be interesting to see how the courts balance the responsibilities of businesses with the unfortunate reality of accidents caused by third parties.

If you or a loved one has been injured in a storefront crash or parking lot accident, remember that you have legal options. Contact an experienced attorney to discuss your case and explore your rights.