Fracture settlements
in Maryland.
The case that kept Maryland’s contributory negligence rule alive involved a young soccer coach whose face was fractured when an unanchored goal fell on him. The jury found the soccer association negligent, but because he had grabbed the crossbar he recovered nothing. A shopper who slipped on a freshly mopped floor had better luck on appeal.
Facts that decide a fracture claim in Maryland
| Fault rule | Contributory negligence: if your own negligence contributed to your injury, you recover nothing. In 2013 the state’s highest court again refused to abandon the rule, leaving any change to the legislature.Coleman v. Soccer Association of Columbia (Md. 2013) |
|---|---|
| Fault is usually for the jury | Whether a shopper was contributorily negligent is ordinarily a question for the jury, not a reason for summary judgment when the facts are disputed.Cador v. YES Organic Market (Md. App. 2022) |
| Change is for the legislature | Maryland’s highest court declined to replace contributory negligence with comparative fault in 1983 in Harrison v. Montgomery County Board of Education, and again in 2013, saying the policy choice belongs to the General Assembly.Coleman v. Soccer Association of Columbia (Md. 2013) |