What Counts as Negligence in Maryland and What are its Effects on Liability?
The legal standard for negligence in Maryland is the contributory negligence doctrine, which is one of the strictest negligence standards in the United States. Under Maryland’s contributory negligence rule, if a plaintiff is found to be even slightly at fault (even just 1%) for their own injuries, they may be completely barred from recovering any damages from the defendant.
So, the answer to the question “What Counts as Negligence in Maryland?” is the contributory negligence doctrine. However, negligence laws vary from state to state, so here are a few more terms you should be aware of:
Types of Negligence Cases
Gross Negligence
Gross negligence is an egregious form of negligent action taken by the defendant causing harm or injury to others.
It’s negligence so severe that no reasonable person would have ever committed such an act. This transcends what might otherwise be a minor case of carelessness or thoughtlessness by the offending party.
Gross negligence is a willing or conscious disregard for one’s reasonable duty to not cause damage to others through their actions.
Contributory Negligence
In cases where you were injured or harmed from an event, the situation may or may not have been purely one-sided.
The defendant may have done something to cause injury, but the negative outcome may have also been due to some amount of negligence on the plaintiff’s part, as well. This is an argument defense attorneys use all the time to attempt to defeat the plaintiff in Court.
Comparative Negligence
In certain states (not Maryland or D.C.), let’s say you’re partly to blame for an auto accident.
If negligence on the defendant’s part is found 75% at fault and you’re found 25% at fault, your compensation may be reduced by 25% to account for your responsibility in what happened.
Negligence in Maryland
Maryland follows the contributory negligence doctrine, one of the strictest negligence standards in the United States. Under Maryland’s contributory negligence rule, if a plaintiff is found to be even slightly at fault (even just 1%) for their own injuries, they may be completely barred from recovering any damages from the defendant.
This differs significantly from comparative negligence states, where plaintiffs can still recover damages reduced by their percentage of fault. Maryland is one of only a few jurisdictions (along with Alabama, North Carolina, Virginia, and the District of Columbia) that still uses pure contributory negligence rather than some form of comparative negligence.
This strict standard makes it particularly important for plaintiffs in Maryland personal injury cases to work with experienced attorneys who can effectively counter any claims that the injured party contributed to their own injuries, as even minimal contributory negligence can result in complete denial of compensation.
Sources:
Cornell Law School. “Negligence.” Legal Information Institute. https://www.law.cornell.edu/wex/negligence ↩
Contributory and Comparative Negligence by State – Bloomberg Law
Maryland Courts. “Coleman v. Soccer Association of Columbia.” 2013. https://www.courts.state.md.us/data/opinions/coa/2013/9a12.pdf
Maryland Personal Injury Law | The Maryland People’s Law Library