Contributory Negligence in Maryland
State-specific overview · Tort Law
Maryland uses modified comparative negligence; you recover only if less than 50% at fault, reduced by your percentage.
How Maryland treats Contributory Negligence
Maryland bars recovery if the plaintiff is 50% or more responsible for the injury (the 'not greater than' standard). If you are 49% at fault, you recover 51% of your damages; at 50%, you recover nothing. This differs from pure comparative negligence states and creates a threshold that affects many cases. Maryland courts instruct juries on this threshold and its effect on the plaintiff's recovery.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.