Comparative Negligence in Maryland
State-specific overview · Tort Law
Maryland uses modified comparative negligence, barring recovery if plaintiff is 50% or more at fault.
How Maryland treats Comparative Negligence
Maryland follows the 50% bar rule: a plaintiff cannot recover if their negligence equals or exceeds the defendant's negligence. If the plaintiff is 49% at fault, they recover 51% of damages; if 50% at fault, they recover nothing. This modified approach differs from pure comparative negligence states and requires plaintiffs to prove they were less negligent than the defendant to receive any recovery.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Maryland.