Md. High Court Upholds Rarely Seen Negligence Doctrine

Law360, New York (July 9, 2013, 6:36 PM EDT) -- Maryland's highest court affirmed Tuesday that a defendant does not have to pay damages if a plaintiff's negligence is even slightly to blame for an alleged injury, a doctrine that most states have abandoned and a dissenting judge deemed a “dinosaur.”

A majority of the Maryland Court of Appeals backed state courts' use of the 165-year-old doctrine of contributory negligence. All but four states adhere to a version of the comparative negligence doctrine, which holds that a defendant is liable for damages in proportion to its...
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