How does comparative fault work in Maryland?
1. Negligence Elements. Maryland negligence requires duty, breach, proximate cause, and damages (Pendleton v. State, 398 Md. 447). Foreseeability informs both duty and proximate cause.
2. Comparative Fault Regime — Pure Contributory Negligence. Maryland is one of only four states (plus DC) retaining pure contributory negligence. Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013), declined 4-3 to adopt comparative fault judicially, deferring to the legislature; the General Assembly has not acted. Any plaintiff fault, however slight, bars recovery (Harrison v. Montgomery Cty. Bd. of Educ., 295 Md. 442). MPJI-Cv 19:1 et seq.
3. Joint and Several Liability. Maryland retains joint and several liability among joint tortfeasors. Uniform Contribution Among Joint Tortfeasors Act (Md. Code Cts. & Jud. Proc. § 3-1401 et seq.) provides contribution in equal pro rata shares unless inequitable.
4. Last Clear Chance / Sudden Emergency. Last clear chance is a vital escape valve (Liscombe v. Potomac Edison, 303 Md. 619). Permits a contributorily negligent plaintiff to recover if defendant had the last clear opportunity to avoid the harm and failed. Gross negligence and willful/wanton conduct also defeat the contributory defense. Sudden emergency remains.
5. Settling Tortfeasors. Md. Code Cts. & Jud. Proc. § 3-1404 — release of one joint tortfeasor reduces claim by greater of consideration paid or pro rata share. Joint tortfeasor releases governed by § 3-1405.
6. Statute of Repose vs SOL. Personal injury SOL is 3 years (Cts. & Jud. Proc. § 5-101). Med-mal SOL is 5 years from injury or 3 years from discovery (§ 5-109). Construction repose is 10 years (§ 5-108). Product liability has no statutory repose.
7. Caps. Cts. & Jud. Proc. § 11-108 caps noneconomic damages — for 2026 approximately $985,000 (rises $15,000/year) for nonfatal injuries. Wrongful death cap is higher (about $1.23M for one beneficiary, $1.85M+ for two or more). Medical malpractice has separate caps under § 3-2A-09 (currently approx $935,000).
8. Wrongful Death Contributory. Md. Code Cts. & Jud. Proc. § 3-901 wrongful death applies contributory negligence; decedent's fault bars beneficiaries unless last clear chance.
9. Worker Injuries. Md. Code Lab. & Empl. § 9-509 WC exclusivity. Third-party suits subject to contributory negligence.
This is legal information, not legal advice.
- Any case where defendant will assert contributory negligence — evaluate last clear chance
- Med-mal claim subject to § 3-2A-09 annual cap with healthcare ADR procedures
- Wrongful death case to maximize multi-beneficiary § 11-108 cap
- Md. Code Cts. & Jud. Proc. § 3-1401
- Md. Code Cts. & Jud. Proc. § 11-108
- Md. Code Cts. & Jud. Proc. § 5-101
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.