The Dangers Of Contributory Negligence LawPosted on August 11, 2022
Maryland contributory negligence law is one of the most common causes of personal injury lawsuits in the state. In order to understand what it means, you must first know what negligent and contributory negligence mean. Negligence occurs when someone does not exercise due care in order to prevent injury to themselves or others, while contributory negligence occurs when someone else fails to use reasonable care towards the injured party and their actions contribute to the accident that resulted in injuries. This is an attempt to prevent people from suing others who are less than 50% responsible for the injuries they receive. Read on for more information about this law from our friends at Cohen & Cohen.
What Is Contributory Negligence?
Under contributory negligence laws, if you are even partially at fault for an accident, you may be barred from receiving any compensation for your injuries. This can be a harsh result, especially if the other party was mostly to blame. If this is true in your case, you should consult with a lawyer to see what options are available to you. A good defense attorney will be able to show that you were not negligent and therefore should not be barred from compensation.
Can It Affect Me?
In Maryland, the doctrine of contributory negligence can prevent an injured person from recovering damages if they are found to have contributed to their own injury. This can be a problem for people who were unaware of the danger they were in or who didn’t have time to react. Even if you’re only partially at fault, you may not be able to recover any damages. This is why it’s important to know about contributory negligence and how it can affect your case.
Why Is It on the Rise?
According to a lawyer, contributory negligence is on the rise because people are becoming more aware of their rights. Additionally, there are more opportunities for people to sue for damages. Furthermore, the economic climate has made it easier for people to file lawsuits. Finally, the legal system has become more complex, making it easier for people to get away with contributory negligence. For example, in order to be found negligent under Maryland law, a person must have had knowledge of the risk and disregarded it without justification. The issue that arises from this is that some injuries do not happen immediately after an event occurs; so in cases where someone does not know they have been injured or have not yet felt any pain from the injury, they may believe that their lack of knowledge negates them from responsibility under contributory negligence laws.
How Can I Avoid It?
If you live in a state with contributory negligence laws, it’s important to be aware of the dangers these laws pose. If you’re involved in an accident, even if you were partially at fault, you could be completely barred from recovering any damages. These laws are meant to protect defendants and discourage lawsuits, but they can also have the unintended consequence of forcing innocent victims into poverty or bankruptcy.
If you are facing a contributory negligence case, contact an attorney immediately for help today.