Baltimore, MD asked in Personal Injury and Landlord - Tenant for Maryland

Q: Subsequent remedial activity. Proving that it happened as supposed to it been there fault

In a mold case if landlord says there was no mold and there is plenty of evidence that the tenant had to move for remediation and pictures of remediation. Can the evidence be used to proof that there was mold in those areas of the apartment or is that excluded. It says you can’t proof negligence with such activity but can you prove that it happened and the extent to which it happened and that you are not making it up? What case law can I bring as en example of this ? Thanks

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: This is something best posed to a Maryland attorney because it would be governed by state rules of evidence, or state exceptions to Federal Rules of Evidence. However, your post remains open for two weeks. As a general premise, you're correct about the way the rules of evidence generally treat the admissibility of remedial measures; they are not admissible to prove liability. As for case law, if you are not using an attorney, you could run searches in some of the commercial or educational databases out there. Good luck

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.