“Contributory Negligence” is a legal doctrine that severely impacts an injured person's right to recover damages if they were even partially at fault for the injury. Maryland is one of only 4 remaining states to use this doctrine to assess injury claims. We are not at the forefront of the law with this doctrine. Instead, Maryland is at the trailing edge.
How the Law of Contributory Negligence in Maryland Affects Injury Claims
Under Maryland law, a person who is found to be contributorily negligent may not recover ANY damages for their injuries, regardless of how minor their contribution to the accident might have been. For example, a customer attempts to exit a store but slips and falls hard to the tile floor as a result of a banana peel that a store employee had not picked up. Security footage shows that the peel had been on the floor for 45 minutes as employees worked nearby. While the Plaintiff could make out a case of negligence against the store for not maintaining the premises in a safe condition, the store could defend the claim under a contributory negligence argument, claiming, “The banana peel is yellow, and the customer should have seen it and stepped over it.” If this argument is successful, the victim recovers nothing, regardless of the severity of the injuries.
Contributory Negligence in Maryland vs. Comparative Negligence in Other States
Contributory Negligence
The law of contributory negligence in Maryland is often criticized for being harsh and outdated. This is because it operates on a strict "all or nothing" basis, meaning that an injured person who is but 1% at fault for their injury cannot recover ANY damages, while the 99% at fault defendant pays not a dime for even serious injuries. This archaic rule does not make the community safer as a whole because it imposes no financial consequence on persons or businesses, who then have no incentive to modify behavior or company policies to increase safety.
Comparative Negligence
The Maryland Rule is in contrast to the great majority of other states, which have all adopted a more modern approach to civil tort law known as "comparative negligence." Under the comparative negligence analysis, an injured person can still recover damages even if they were partially at fault for their injury. The amount of damages the injured person can recover is simply reduced by the percentage of fault attributed to them. For example, if a pedestrian is hit by a car and is found to be 20% at fault for the incident, they can still recoverdamages but the amount of damages that they can receive, say $100,000 will be reduced by 20%, yielding a final recovery to the victim of $80,000.
Despite criticism and legal challenges in Maryland’s appellate courts, contributory negligence law has remained unchanged and is still in effect today. This means that it is important for Maryland residents to be aware of the doctrine and to take steps to minimize their risk of being found contributorily negligent in the event of an injury.
Role of Maryland Injury Claim Adjuster
From the moment you present an injury claim in Maryland, an experienced claims adjuster on the other side will start pouring over the facts of the case to find some argument as to why YOU might have contributed to the incident. They typically push the victim to submit an early recorded statement before the victim understands all the liability pitfalls. In conversation about the accident, the claim rep might casually ask, “Was there any way for you to avoid the accident?” or “If you could do this again, what would you do differently to change the outcome?” Notice that these questions are focused on YOUR conduct, not the motorist that hit you. Watch out. A wrong answer could sink your case. At Sussman & Simcox, we strongly urge prospective clients to stay off the phone with insurance personnel until they have spoken with an attorney and been educated on potential issues that might be raised.
If you have been in a traffic collision, don’t delay. Call Sussman & Simcox for a free initial consultation. It could make a massive difference in your case.
