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Priority Bill:SB 267/HB 110: Maryland Comparative Negligence Act
Immediate Action Needed
Background: Under our current system of contributory negligence, if both parties to a lawsuit have contributed to the injury, they should pay their own damages and be barred from recovering against each other. If HB 110 passed, a person could recover damages for death or injury to an individual or property damage, as long as the negligence of the plaintiff was less than the negligence of the defendant.
Status: HB 110 was heard by the House Judiciary Committee on Wednesday, February 7. SB 267 will be heard in the Senate Judicial Proceedings Committee on March 6.
Position: The Maryland Chamber opposes this bill because:
- A comparative fault standard would lead to more lawsuits, larger damage awards and increased insurance costs for all individuals and businesses in all lines of liability insurance.
- It has been the rule in Maryland under common law for over 150 years that a person who contributes to their injury through their own negligence may not recover damages from another person.
- Regional competitors like Virginia, North Carolina, and the District of Columbia use this legal standard of liability.
From the Maryland Chamber Blog
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