Contributory Negligence
From the TheLegislative Wrap-UpMaryland’s current common law doctrine of contributory negligence standard bars a plaintiff from receiving any damages for an injury if the plaintiff’s own negligence contributed in any way to the harm. Maryland is one of five jurisdictions, along with Virginia, Alabama, North Carolina, and the District of Columbia, that retains this doctrine. Forty-six states follow the doctrine of comparative negligence, under which a plaintiff’s recovery can be reduced if the plaintiff was partially at fault. The Maryland Judiciary recently began a study regarding the process and consequences of changing the Maryland standard from contributory negligence to comparative negligence through judicial action.
An emergency bill, The Maryland Contributory Negligence Act (HB 1129), codifies the contributory negligence standard so that it remains an affirmative defense that may be raised by a party being sued for damages for wrongful death, personal injury, or property damage.
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This is sort of the official summary of the Legislative Session so far. I find it a bit strange that this got coverage and our HB 363 “Manslaughter by Vehicle or Vessel – Criminal Negligence did not. <a href="http://mlis.state.md.us/2011RS/wrap_up/11-8.pdf">http://mlis.state.md.us/2011RS/wrap_up/11-8.pdf</a>;
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