Bill Seeks to Codify Maryland's Contributory Negligence Standard and Draws Strong Support from Maryland Businesses, Doctors, and Mayor Rawlings-Blake.

Earlier this month, advocates of the Maryland Contributory Negligence Act pressed a House Committee to approve the proposed legislative which would prevent Maryland's high court from radically changing the law and switching to a comparative fault standard.  Delegate Benjamin F. Kramer recently introduced the bill, House Bill 1129, to ensure that significant changes in personal injury law are left to the General Assembly.  Kramer's bill states that "contributory negligence shall remain an affirmative defense that may be raised by a party against whom a claim is made for damages for wrongful death, personal injury, or property damage."  

This bill has drawn significant support from Baltimore Mayor Stephanie Rawlings-Blake, the Maryland Chamber of Commerce, Maryland State Medical Society, and Maryland Defense Counsel.  These supporters argue that abolishing contributory negligence would increase litigation in Maryland, increase liability exposure for businesses, and increase insurance premiums.  On the other hand, plaintiffs’ attorneys oppose the legislation, claiming that a comparative fault standard is more fair as evidenced by 46 states abandoning contributory negligence.  Nevertheless, champions of this bill fear that switching to a comparative fault standard would negatively affect Maryland's business environment.  These arguments are currently being heard by the same House Judiciary Committee which rejected efforts to switch to comparative fault in 2007, and which is now in the process of scheduling a vote on the bill.  

Whether Maryland will remain among the four states with a contributory negligence standard is an issue that is undoubtedly weighing on Maryland businesses as the debate in Annapolis heats up.