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★ Maryland · fracture

Fracture settlements
in Maryland.

By Reviewed by Abd Shanti, Founder9 min read

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 ruleContributory 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 juryWhether 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 legislatureMaryland’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)
★ MD · reported fracture outcomes

What Maryland courts have awarded.

Real Maryland decisions and verdicts, each linked to the court record or official report.

  • Court of Appeals of Maryland · 2013
    Defense judgment affirmed

    In August 2008, 20 year old James Coleman, an accomplished player, was volunteering as an assistant coach for a youth team practicing on a Howard County middle school field, because the association did not have enough fields of its own. He kicked a ball into a goal, and as he passed under it he jumped and grabbed the crossbar. The goal was not anchored, fell backward, and the crossbar struck his face, causing multiple severe facial fractures repaired with three titanium plates. The jury found the association negligent but Coleman contributorily negligent. The high court declined to abolish the rule and affirmed.

  • Court of Special Appeals of Maryland · 2022
    Summary judgment reversed; trial ordered

    Near closing time, a shopper at a Hyattsville grocery slipped on part of the floor an employee had just mopped and later needed a partial knee replacement. The trial judge granted summary judgment for the store on contributory negligence and assumption of risk. The appellate court reversed, holding a jury must decide those disputed questions.

★ MD · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Maryland.

  1. 1

    Your own conduct is the first thing the defense examines. Coleman’s grab of the crossbar cost him the case.

  2. 2

    Summary judgment on fault is hard to win when facts are disputed, as the Cador reversal shows.

  3. 3

    Photograph wet floors and warning signs, or their absence, right away.

  4. 4

    Ask whether equipment was secured. The soccer goal that fell on Coleman was not anchored to the ground, which is why the jury found the association negligent.

★ MD · statute of limitations
3 years from date of injury

Md. Code, Cts. & Jud. Proc. § 5-101

★ MD · fault rule
Pure contributory negligence

Pure contributory negligence, 1% claimant fault bars all recovery. Maryland is one of only five US jurisdictions retaining this rule and confirmed it most recently in Coleman v. Soccer Association of Columbia (2013).

★ MD · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Maryland.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Maryland's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Maryland · you are herePure contributory negligence3 years from date of injury—
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · fracture →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · fracture →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · fracture →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · fracture →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · fracture →
Rhode IslandPure comparative negligence3 years from date of injuryRI · fracture →
North CarolinaPure contributory negligence3 years from date of injuryNC · fracture →
VirginiaPure contributory negligence2 years from date of injuryVA · fracture →
AlabamaPure contributory negligence2 years from date of injuryAL · fracture →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · fracture →
MichiganModified comparative, 51% bar3 years from date of injuryMI · fracture →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · fracture →
★ MD · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Maryland. See /methodology, /sources, and /disclaimer.