Maryland Contributory Negligence Laws

What Is Contributory Negligence?

Contributory negligence is a legal standard that can significantly affect whether you can recover damages when you’ve been injured because of someone else’s negligence. Under the contributory negligence standard, if you’re the injured party, you can be prevented from recovering anything for your injuries if the defendant can prove that you contributed in any way to the accident or situation that caused your injuries. It applies even if the defendant was considerably more responsible for your injuries than you were.

The impact of Maryland’s contributory negligence standard on personal injury cases can be harsh and significant, depending on the case. In any situation where the injured plaintiff has interacted with the defendant and the interaction resulted in the plaintiff being injured, there is a risk that the defendant will argue that the plaintiff was partially responsible for their injuries. In Maryland, if the court agrees, then the plaintiff won’t be able to recover anything for their injuries.

Contributory negligence may have a significant effect on the following types of cases in Maryland:

• Product liability cases. For example, a manufacturer facing a product defect lawsuit may argue that the plaintiff’s injuries were caused in part by the plaintiff’s failure to use the product correctly.
• Car accidents. It is very common for the defendant in an automobile accident case to argue that the plaintiff was negligent in some way in operating their vehicle at the time of the crash.
• Slip and fall incidents. In slip and fall cases, the defendant (often a landlord or owner of the property where the slip and fall took place) may argue that the injured plaintiff wasn’t paying attention to where they were walking, ignored signs that were in place warning about the hazard that caused them to fall, or contributed in some other way to the fall that resulted in their injuries.
• Workplace injuries. When employees fail to follow established safety procedures, or operate machinery that they haven’t been trained to operate, the employer may argue that they are partially responsible for their injuries.

At Regan Zambri Long, we understand Maryland’s contributory negligence standard and how it may apply to different personal injury cases. If you’ve been injured in an accident or because of someone else’s negligence in Maryland, contact us for a free consultation.

How does contributory negligence differ from comparative negligence?

Maryland is one of only a few states that applies the contributory negligence doctrine in personal injury cases. Most states use what is called a comparative negligence standard. Under the comparative negligence standard, the injured party can recover even if they were partially at fault for their injuries. In a comparative negligence state, the plaintiff can still recover damages even if they were partially at fault. The percentage of fault simply reduces the amount they recover that they are found to have been responsible for.

Historical Context of Contributory Negligence in Maryland

The concept of contributory negligence dates back to the early 1800s in England and was adopted in many states in the U.S. by the mid-1800s. In Maryland, it was first mentioned as accepted doctrine in 1847 by the Maryland Court of Appeals in a case involving a plaintiff who injured herself when she fell into an unprotected hole that had been dug in the walkway next to the defendant’s house to provide light to a cellar window. The court noted that even if the “defendant’s misconduct may have been the primary cause of the injury,” the plaintiff would not be able to recover if her injuries resulted from a lack of “ordinary care and caution” on her part.

While most states have moved away from contributory negligence to the comparative negligence standard, Maryland has not, despite criticisms that the doctrine is unduly harsh. As a result, the contributory negligence standard must be considered if you are filing a personal injury lawsuit in Maryland.

To learn more about how Maryland’s contributory negligence standard could affect your personal injury case, schedule a consultation with one of our knowledgeable attorneys.

The Burden of Proof in Contributory Negligence Cases

What are the rules for negligence in Maryland?

Because contributory negligence is a defense against the defendant’s potential liability, the defendant in a personal injury case bears the burden of proving that the plaintiff’s own negligence was partially responsible for their injuries. The defendant may be able to do so by proving that:

• The plaintiff failed to act with reasonable care for their own safety,
• That plaintiff’s actions caused or contributed to their injury and
• That the harm the plaintiff suffered as a result was reasonably foreseeable.

The skilled personal injury attorneys at Regan Zambri Long are ready to help you navigate the complexities of your Maryland personal injury claim. Contact us today for a free consultation.

The Last Clear Chance Doctrine: An Exception to Contributory Negligence

There is what can be considered an exception to Maryland’s contributory negligence standard. It’s called the “last clear chance” doctrine, and it can apply even in a case where the plaintiff was partially negligent and found themselves in a dangerous situation as a result. The “last clear chance” doctrine applies to specific circumstances. The plaintiff must prove that:

• The defendant had a chance to prevent the plaintiff’s injury from happening but failed to do so – in other words, the defendant had one “last clear chance” to prevent the injury.
• The defendant knew the plaintiff would be injured if they didn’t act.
• The plaintiff was unable to avoid their injury.

To learn more about whether the Last Clear Chance Doctrine could apply to your case, contact us today to discuss your case with one of our experienced personal injury attorneys.

Strategies for Overcoming a Contributory Negligence Defense

The best way to protect against a defendant in a Maryland personal injury case from successfully using a contributory negligence defense is to prepare for the defense ahead of time carefully. At Regan Zambri Long, we will gather as much information as we can about your case before filing any claim. The more we know in advance, the better we can prepare for the responsible party’s arguments

In some cases, expert witness testimony may help determine whether the plaintiff was partially at fault for their injuries. For example, expert testimony may support the argument that the defendant had a “last clear chance” to prevent the plaintiff’s injuries but failed to do so.

Regan Zambri Long’s Experienced Maryland Personal Injury Attorneys Can Help

If you’ve been injured in an accident or because of someone else’s negligence, don’t let the fear of a contributory negligence defense stop you from investigating whether you can recover damages for your injuries. We understand Maryland’s contributory negligence standard and will carefully review the facts of your case to determine how we may anticipate and counter that defense on your behalf.

Contact Regan Zambri Long today for a free consultation with one of our experienced personal injury attorneys.