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Contributory Negligence in Maryland Bars All Claims

DFields@fishbeinpa.com,   Uncategorized   Leave a Comment

In Maryland, unlike most states, a person who contributes to his injuries in an automobile tort case or a slip and fall case is precluded from recovering anything against the tortfeasor (the person who caused the injury) even if the contributing factor by the injured party is minor. Most jurisdictions have adopted a concept known as comparative negligence in which the negligence of the parties is weighed and a Plaintiff’s award may be reduced by a percentage based on the negligence of the party who is injured. Unfortunately, the Maryland Court of Appeals on numerous occasions has declined to adopt comparative negligence in Maryland and the Maryland Court of Appeals has insisted that it be done by the Maryland Legislature. To date, the Maryland Legislature has declined on numerous occasions to pass a bill adopting comparative negligence in Maryland. It is therefore very important for anyone injured in an automobile accident or a slip and fall case to advise your attorney of all of the facts even if you do not feel that your own conduct has in any way caused your injuries.

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