Negligence in Maryland
State-specific overview · Tort Law
Maryland applies a modified comparative negligence rule that bars recovery if plaintiff's negligence equals or exceeds the defendant's negligence.
How Maryland treats Negligence
Maryland follows the "not as great as" standard, preventing recovery when plaintiff negligence is equal to or greater than defendant negligence. The state recognizes all four traditional negligence elements and requires clear and convincing evidence in some contexts, though preponderance of the evidence applies in most civil cases. Maryland courts have established that breach of duty may be proven through violation of statute or regulation. The state permits consideration of comparative negligence as an affirmative defense that reduces or eliminates recovery.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.