Watch Your Step

Contributory negligence in Maryland

Your mother might have slipped on wet pavement, or a neighbor suffered injury when his car was rear-ended. Every day accidents occur, and people are hurt. Personal injury law addresses mistakes made by some that injure others. But to receive fair compensation, you must first prove negligence.

Negligence is a legal term at the heart of any personal injury claim. Proving negligence means a defendant behaved in a way, or made decisions, that fell below a standard of care reasonably expected to keep others from harm. A speeding driver, a landlord who does not properly maintain pavements and walkways—these are examples of misconduct that causes injury through negligence, not by accident.

Along with Alabama, North Carolina, Virginia, and the District of Columbia, Maryland follows a rule of pure contributory negligence. With few exceptions in Maryland, contributory negligence means an injured person found to be even one percent at fault for their injury is barred from recovering financial compensation.

The legal question of shifting from contributory to comparative negligence has been argued before the Maryland legislature on several occasions.

Because of the strict nature of contributory negligence, a personal injury lawyer is critical to successfully pursuing fair compensation after an accident. Legal counsel must prove the defendant was at fault and their own client did not contribute to the accident. Meticulous investigation and persuasive argument—in settlement conferences, and in the courtroom—are required.

A serious accident is unforgiving—and so is contributory negligence. Always speak with good legal counsel if injured through no fault of your own.

av 2019 rating
avvo client choice award
avvo top contributor award
Huesman, Jones & Miles, LLC is a BBB Accredited Lawyer in Hunt Valley, MD
maryland chamber
A Message to Our Clients About Coronavirus COVID-19:

A Message to Our Clients About Coronavirus COVID-19

At Huesman, Jones and Miles, LLC, we view the safety and well-being of our clients, staff and business partner as our highest priority.

The situation regarding the COVID-19 virus is continually changing and we are following all recommended guidelines to stay healthy.

The courts are beginning to reopen gradually, and we are here to serve your legal needs. At this time, we would encourage meetings to be done by phone or video conferencing. If this is not possible, we are able to meet with you in our office, but ask that wear a mask and keep at least six feet from staff members upon entering. We encourage document exchanges via mail/email/cloud as opposed to in person.

If you have any concerns, please contact us at (443) 589-0150

Thank you and take care.