Maryland · Comparative Negligence

Maryland Comparative Negligence Rule

Maryland follows a contributory (pure bar) rule under Coleman v. Soccer Ass'n of Columbia, 432 Md. 679, 69 A.3d 1149 (2013). Maryland applies a special rule that does not fit the standard percentage cutoff. See the notes below.

Updated 2026-05-22 · See all 50 states

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Key facts: Maryland

Rule type
Contributory (pure bar)

Any contributory fault bars recovery entirely. Applied in only a handful of jurisdictions (AL, MD, NC, VA, DC).

How recovery works
Maryland applies a special rule that does not fit the standard percentage cutoff. See the notes below.
Last verified
2026-05-22
Source type
Primary (court opinion)

Details for Maryland

Maryland retains common-law pure contributory negligence; the Court of Appeals reaffirmed the rule in Coleman, declining to adopt comparative fault in light of the General Assembly’s repeated refusal to do so.

Related: Maryland statute of limitations

Maryland gives you 3 years to file a personal injury lawsuit under Md. Code, Cts. & Jud. Proc. § 5-101.

See the full Maryland statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Maryland attorney before relying on it.

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Maryland Comparative Negligence FAQ

What comparative negligence rule does Maryland follow?

Maryland follows a contributory (pure bar) rule under Coleman v. Soccer Ass'n of Columbia, 432 Md. 679, 69 A.3d 1149 (2013). Any contributory fault bars recovery entirely. Applied in only a handful of jurisdictions (AL, MD, NC, VA, DC). Maryland applies a special rule that does not fit the standard percentage cutoff. See the notes below.

Can I still recover if I was partly at fault for the accident in Maryland?

In Maryland, even a small amount of fault on the claimant's part bars recovery entirely. This is one of the harshest rules in the country and applies in only a handful of jurisdictions.

How does this affect settlement negotiations in Maryland?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Maryland bars recovery for any contributory fault, defendants have strong leverage to dispute liability and frequently push claimants toward low settlements.

What is the personal injury statute of limitations in Maryland?

Maryland gives you 3 years to file a personal injury lawsuit under Md. Code, Cts. & Jud. Proc. § 5-101.

Where can I read the actual rule?

The controlling authority is Coleman v. Soccer Ass'n of Columbia, 432 Md. 679, 69 A.3d 1149 (2013). The full text is available at https://law.justia.com/cases/maryland/court-of-appeals/2013/9-12.html.

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