A service of Salisbury University and University of Maryland Eastern Shore
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations
Support Provided By: (Sponsored Content)

Judge Uphold Limits on Contributory Negligence

123rf.com

ANNAPOLIS, Md. (AP) - Maryland's highest court has upheld a law that prevents someone from recovering damages in a lawsuit if they are found to be partly at fault.

In a 5-2 ruling Tuesday, the Court of Appeals declined to change Maryland's doctrine of contributory negligence.

Retired Judge John Eldridge wrote in the majority that attempts to change the law have failed in recent years. He wrote that it would be inconsistent with the court's standing jurisprudence to change the law after the General Assembly's repeated refusal to do so.

But Judge Glenn Harrell noted that Maryland is one of only four states that still have a contributory negligence law. Other states have comparative negligence laws that reduce damages a plaintiff can collect in proportion to his or her degree of fault.

Don Rush is the News Director and Senior Producer of News and Public Affairs at Delmarva Public Media. An award-winning journalist, Don reports major local issues of the day, from sea level rise, to urban development, to the changing demographics of Delmarva.
Help us continue our comprehensive coverage of the Delmarva Peninsula and the mentoring of the broadcasters and journalists of tomorrow by becoming a sustaining member of Delmarva Public Media
Latest from NPR