Comparative Negligence redux
Just found some more links on the topic (mostly from 2007):Peter Angelos Opposes Comparative Negligence
(with comparative negligence we could potentially lose joint and several liability... apparently a significant issue in asbestos cases.)
<a href="http://www.marylandinjurylawyerblog.com/2007/03/peter_angelos_opposes_comparat.html">http://www.marylandinjurylawyerblog.com/2007/03/peter_angelos_opposes_comparat.html</a>;
Will Maryland Drop Contributory Negligence
"It would be a blessing for injury victims in Maryland if Maryland dropped [Contributory Negligence.]"
<a href="http://www.marylandinjurylawyerblog.com/2007/02/will_maryland_drop_contributor.html">http://www.marylandinjurylawyerblog.com/2007/02/will_maryland_drop_contributor.html</a>;
What’s fair in fault-finding?
‘‘Basically this legislation [removing Contributory Negligence] is going to mean more lawsuits for employers and more damages paid to people who contribute to their own injuries. And we think that’s a bad idea,” said Ronald W. Wineholt, vice president of the Maryland Chamber of Commerce.
The Maryland Association of Counties agrees: It’s a balance of whether local governments should spend more money on lawyers or on services.
‘‘From that perspective, citizens would rather the funds go to their needs. ... And when someone’s hurt and they can’t recover against somebody, it’s the government that comes in and takes care of the unfortunate,” said David Bliden, executive director of the counties association.
Ellen Valentino, state director of the National Federation of Independent Business, said Maryland prides itself on contributory negligence as a pro-business policy.
...
Insurance groups oppose the change, too.
David F. Snyder, vice president and assistant general counsel of American Insurance Association, said Marylanders pay the 12th highest automobile insurance premiums in the nation.
‘‘We just don’t believe there’s a margin of error in Maryland ... it would just get worse if you remove what we call a safety valve in the Maryland system,” he said.
[B' Spokes: I'll note on this point that Allstate ranked Baltimore and DC the worst cities for frequent auto accidents. And I'll assert low traffic fines, low priority of enforcing traffic law AND the existence of Comparative Negligence all contribute to the making of a high insurance rate. If there was heck to pay for those who are at fault in a crash I would bet there would be fewer crashes but instead we got high insurance rates PLUS the 4th highest pedestrian fatality rate. Whatever Maryland is doing, it is doing it WRONG, that fact cannot be denied.]
<a href="http://ww2.gazette.net/stories/020207/businew202522_32339.shtml">http://ww2.gazette.net/stories/020207/businew202522_32339.shtml</a>;
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