Contributory negligence is a fault-based legal doctrine upheld in Maryland. This doctrine establishes that if a plaintiff contributed to the cause of an accident in any way, they might be denied compensation for their damages due to being partially negligent. This legal doctrine can serve as a harsh standard to meet since receiving even one percent of contributory negligence can bar a plaintiff from receiving damages.
For this reason, many people opt to work with a personal injury lawyer in Maryland. A personal injury lawyer can anticipate potential counterarguments the opposing party or parties might make to increase the injured party’s percentage of fault. To learn more about why contributory negligence is upheld in Maryland, continue reading.
What Are the Four Elements of Negligence?
Now, before the defendant argues that the plaintiff contributed to their own injuries, the plaintiff must establish the four elements of negligence. To establish negligence, you must prove the following:
- Duty of care is the understanding that during the shared activity, whether it is driving on the road or a doctor advising a patient, the defendant has a responsibility to cause no harm. In a state like Maryland that follows contributory negligence, the plaintiff’s actions during the event are also examined. The plaintiff also has a responsibility to behave reasonably without being careless or reckless.
- Breach of duty is the moment when the defendant failed to follow standard behavior, such as running a red light or misdiagnosing a patient. Again, the plaintiff’s actions could also be called into question. For example, was the plaintiff cautious when entering the intersection, or were they texting on their phone?
- Causation is the resulting effect of the breach. It’s the car accident when the defendant runs the red light or the severe physical ailments the patient now faces due to a misdiagnosis.
- Damages are the losses the victim suffers. They typically include medical bills, lost wages, damaged or destroyed property, pain and suffering, and other damages.
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Maryland Is One of Four States That Still Upholds Contributory Negligence
According to Bloomberg Law, Maryland is one of four states that abides by the contributory negligence doctrine, along with Alabama, Virginia, and North Carolina. The District of Columbia partially abides by this rule.
Many states have converted to a comparative negligence doctrine, having once followed contributory negligence. Comparative negligence laws are more forgiving toward plaintiffs and allow them to recover compensation even if they were partially at fault. However, their reward may be affected by their degree of fault.
Pivotal Cases in the 2010s Confirmed Contributory Negligence in Maryland
In 2010 and 2013, two pivotal personal injury cases heard by the Court of Appeals of Maryland established how contributory negligence remains a viable defense in Maryland. These cases serve as a point of reference for personal injury lawyers to consider when building their arguments for their clients, both for prosecution and defense.
George Poole V. Coakley & Williams Construction, Inc.
George Poole v. Coakley & Williams Construction, Inc. is a 2010 personal injury case that determined how viable an argument about the plaintiff’s assumption of risk may be.
An “assumption of risk” refers to a plaintiff’s prior knowledge of the danger involved in an activity. If the plaintiff understood that the event or hazard had an element of risk involved before they were injured, the defendant may contest the plaintiff’s claim for compensation and use contributory negligence as a counterargument.
To do this, the defendant must also prove that the plaintiff definitively had this knowledge beforehand, not that they should have had it. This distinction might involve proving that the plaintiff had experience with the hazard or event or that the danger should have been obvious enough for the plaintiff to avoid it.
Coleman V. Soccer Association of Columbia
The Coleman v. Soccer Association of Columbia case in 2013 recently established why contributory negligence is still upheld in Maryland and is often cited as an example of the doctrine’s power in the state.
James K. Coleman, a volunteer soccer coach, filed a lawsuit against the Soccer Association of Columbia after sustaining facial fractures when a goalpost fell on his face. The accident occurred after Coleman jumped up and grabbed the goal bar, only for the goal to fall forward because it was not anchored. Coleman argued that the Soccer Association was negligent because they did not anchor the goal post. The Soccer Association contested that the accident would not have occurred if Coleman had checked to see if the goal was anchored first, which would have been his own duty of care.
Because Coleman was found partially at fault for his accident, he was not allowed to collect compensation for his damages.
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Scholars Have Been Criticizing Contributory Negligence for Years
The Coleman v. Soccer Association of Columbia case has been criticized by scholars in the past, namely in 2014. In their essay, “Apportioning Liability in Maryland Tort Cases: Time to End Contributory Negligence and Joint and Several Liability,” scholars Christopher J. Robinette and Donald G. Gifford argue that the contributory doctrine remains too lenient on defendants and does not hold them accountable for their negligence against plaintiffs.
While some scholars argue that Maryland should convert to a comparative negligence state, the fact is that contributory negligence remains in law today.
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Adam M. Smallow Wants to Fight for Your Case
Contributory negligence can be an intimidating obstacle to overcome in personal injury cases in Maryland. Hiring a lawyer who is familiar with this legal doctrine and has experience fighting against it may help you get the compensation you need to recover from your damages. MD Accident Law works hard to prepare our clients’ cases for defense arguments regarding contributory negligence, and we aim to help support your case with enough evidence as well.
Call MD Accident Law Today for Help
If you are still wondering what contributory negligence is and how it pertains to your case, call our law firm at (410) 777-8960 for a free case evaluation. You can speak with a member of our team about your accident and where your case stands. We can also refer you during this call to trusted medical providers that our staff and families would use.
If you decide to work with us, we can set up your client profile and also provide you with a unique texting number for you to reach us at any time, any day of the week. We make ourselves available for contact as much as possible, so do not hesitate to reach out today.
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