If you've been injured in an accident in Maryland, you may be facing a unique legal hurdle known as contributory negligence. Unlike most states, Maryland's law can completely bar you from receiving compensation if you're found even slightly at fault for the accident.
The goal of this guide is to equip you with the knowledge you need to navigate this complex legal landscape and seek the compensation you deserve.
Here’s what we’ll cover:
Let’s get started with a quick definition.
Contributory negligence is a legal principle. It basically means that if you're found to have contributed to the accident in any way, even a little bit, you may be barred from receiving any compensation for your injuries.
Even if the other party was primarily responsible for the accident, if you were even 1% at fault, you could potentially receive nothing.
Most states have moved away from contributory negligence and adopted a system called comparative negligence.
Under comparative negligence, your compensation would be reduced based on your percentage of fault, but you wouldn't be completely barred from recovery.
For example, imagine you're in a car accident, and a jury finds you were 20% at fault while the other driver was 80% at fault. Under comparative negligence, you could still recover 80% of your damages.
However, under the Maryland contributory negligence law, you would be out of luck.
As you can see, contributory negligence can have a drastic impact on your ability to receive compensation for your injuries. It's a strict "all or nothing" approach that can be very frustrating for accident victims.
Why does Maryland still follow this rule? There are a few arguments in its favor. However, critics argue that it's an outdated and unfair system that doesn't reflect the realities of modern life.
In the coming section, we’ll take a closer look at the reasons why Maryland's contributory negligence law works this way.
Let's dive into the historical and practical reasons behind this legal stance:
The roots of contributory negligence in Maryland trace back to 1847, with the case of Irwin v. Spriggs. In this case, the court ruled that the plaintiff's injury, caused by falling into an opening near the defendant's cellar, was partially due to his own lack of reasonable care.
This established a precedent for contributory negligence that has persisted to this day.
While many states have abandoned contributory negligence, Maryland maintains this rule for several reasons:
As mentioned above, while some say that it helps to keep insurance premiums low by limiting the number of claims, others contend that it doesn't have a significant impact and may even lead to increased costs due to the need for more complex litigation.
The rule's effect on safety can also be perceived as unclear.
While it aims to encourage responsible behavior, critics argue that it doesn't effectively deter negligence and can even lead to unfair outcomes where injured parties are denied compensation despite the other party's significant fault.
In terms of legal efficiency, contributory negligence can streamline the legal process by eliminating cases where the plaintiff's negligence is clear-cut. However, it can also lead to a more intricate litigation process when the degree of each party's fault is disputed.
As stated before, contributory negligence operates on an "all or nothing" basis. If the other party involved in the accident can prove that you were even 1% at fault, you will not be able to recover any damages, regardless of the extent of your injuries or the other party's negligence.
In a personal injury claim, the injured party generally has the burden of proving that the other party was negligent and caused their injuries.
However, under contributory negligence, the burden shifts to the defendant to prove that you were negligent and that your negligence contributed to the accident. Basically, the defendant only needs to prove a small degree of fault on your part to completely bar your recovery.
In Maryland, contributory negligence hinges on whether your actions fell below the "reasonable person standard."
This standard asks, “What would a reasonable person have done in the same situation?” If your actions deviated from this standard and contributed to the accident, you could be found contributorily negligent.
Evidence plays a crucial role in determining fault in contributory negligence cases. This could include:
Let's look at some common examples:
One of the primary strategies is to disprove any claims of contributory negligence. This involves gathering strong evidence to show that you acted reasonably and prudently under the circumstances.
For instance, in a car accident case, your attorney might use traffic camera footage to demonstrate that you had the right of way, or they could present witness testimony to corroborate your account of the events.
In a slip and fall case, they might argue that the hazardous condition was not readily apparent or that you took reasonable precautions to avoid it.
Beyond simply disproving negligence, attorneys can employ various legal defenses and strategies to protect your rights:
There are some key exceptions and special situations where it may not apply in Maryland. These exceptions offer a glimmer of hope for injured parties who might otherwise be barred from recovering compensation. Let’s put these under the lens:
Maryland law recognizes that young children may not fully understand the consequences of their actions. Therefore, most preschool-age children — though the age limits vary on a case-by-case basis — are not held to the same standard of care as adults and cannot be found contributorily negligent.
In cases involving defective products, Maryland follows the doctrine of strict liability.
This means that manufacturers, distributors, and sellers can be held liable for injuries caused by their products, regardless of whether they were negligent. Contributory negligence generally does not apply in these cases. However, some exceptions may apply.
Contributory negligence cases are notoriously tricky. Even a minor misstep could jeopardize your entire claim.
That's why you need an attorney who knows the ins and outs of Maryland law, who can meticulously investigate the details, and who can build a rock-solid case to protect your rights.
Attorney Christopher L. Beard has a proven track record of securing substantial settlements and verdicts for clients facing complex personal injury claims, including those involving contributory negligence in Maryland. For example:
Based in Annapolis, Maryland, Christopher L. Beard serves clients throughout the state, providing dedicated legal representation. He understands the nuances of Maryland law and is more than well-equipped to navigate the complexities of your case.
Don't let contributory negligence derail your personal injury claim.
Contact Christopher L. Beard today at (443) 569-3950 or visit his website for a free consultation.
