As we have discussed in other posts, the legal doctrine of contributory negligence precludes personal injury victims who are found to be partially at fault for their injuries from pursuing a claim of financial compensation. While Maryland’s contributory negligence law, in most people’s eyes, is outdated and overly harsh, for now, it governs how courts determine liability in Maryland personal injury accidents.
Contributory negligence is often discussed in the context of auto accidents. However, the doctrine also applies in Maryland slip-and-fall cases. A recent state appellate decision illustrates why contributory negligence is so harmful to Maryland premises liability plaintiffs.
The Facts of the Case
According to the court’s opinion, the plaintiff owned property in the defendant condo complex. One day, the plaintiff was walking along a sidewalk in the complex when she tripped on a section of uneven cement. The plaintiff frequented the area where she fell. Evidently, the cement area had been marked by complex management with blue dots, indicating it to be an area that needed to be repaired.