comparative negligence doctrine in Maryland

7 Maryland opinions name it 2 courts 1982–2016 0 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

Case	Followed	Cited
Hoffman v. Jonesgreen fla · 1973 · cited in 2 Maryland opinions naming this issue, 1983–2013 2 sentences 2013Indeed, as the Florida Supreme Court acknowledged, “the prospect of a general upheaval in pending tort litigation has always been a deterring influence in considering the adoption of a comparative negligence rule.” Hoffman v. Jones, 280 So.2d 431, 439 (Fla.1973). 1983Similarly, in Hoffman v. Jones, 280 So.2d 431, 436 (Fla. 1973), the Supreme Court of Florida said: " 'It may be argued that any change in this rule should come from the Legislature.	2	2
Coleman v. Soccer Ass'ngreen md · 2013 · cited in 1 Maryland opinions naming this issue, 2016–2016 2 sentences 2016See Coleman v. Soccer Ass’n of Columbia, 432 Md. 679, 694 , 69 A.3d 1149 (2013) (declining to adopt a comparative negligence standard 576 and instead maintaining the strict contributory negligence standard, a position taken by only four other jurisdictions). 2016See Coleman v. Soccer Ass’n of Columbia, 432 Md. 679, 694 , 69 A.3d 1149 (2013) (declining to adopt a comparative negligence standard 576 and instead maintaining the strict contributory negligence standard, a position taken by only four other jurisdictions).	1	1
Krise v. Gillundgreen nd · 1971 · cited in 1 Maryland opinions naming this issue, 2013–2013 1 sentence 2013In our opinion this is a topic now more appropriate for legislative address.”) (comparative negligence enacted legislatively in 1975); Krise v. Gillund, 184 N.W.2d 405, 409 (N.D.1971) ("We believe that the abandonment by the courts of a long-standing rule, which would result in the adoption of any one of a number of interpretations of the comparative-negligence rule, is a change of such magnitude that it should be made by legislative, rather than by judicial, action.”) (comparative negligence enacted legislatively in 1973). .	1	1
Black v. Ritcheygreen pa · 1968 · cited in 1 Maryland opinions naming this issue, 2003–2003 2 sentences 2003The Pennsylvania Superior Court said in Bacsick : As our Supreme Court noted in Black v. Ritchey, 432 Pa. 366, 370 , 248 A.2d 771, 773 (1968), quoting Karcesky v. Laria, 382 Pa. 227, 234 , 114 A.2d 150, 154 (1955), “ ‘[t]he doctrine of comparative negligence, or degrees of negligence, is not recognized by the Courts of Pennsylvania, but as a practical matter they are frequently taken into consideration by a jury. 2003The Pennsylvania Superior Court said in Bacsick : As our Supreme Court noted in Black v. Ritchey, 432 Pa. 366, 370 , 248 A.2d 771, 773 (1968), quoting Karcesky v. Laria, 382 Pa. 227, 234 , 114 A.2d 150, 154 (1955), “ ‘[t]he doctrine of comparative negligence, or degrees of negligence, is not recognized by the Courts of Pennsylvania, but as a practical matter they are frequently taken into consideration by a jury.	1	1
Karcesky v. Lariagreen pa · 1955 · cited in 1 Maryland opinions naming this issue, 2003–2003 2 sentences 2003The Pennsylvania Superior Court said in Bacsick : As our Supreme Court noted in Black v. Ritchey, 432 Pa. 366, 370 , 248 A.2d 771, 773 (1968), quoting Karcesky v. Laria, 382 Pa. 227, 234 , 114 A.2d 150, 154 (1955), “ ‘[t]he doctrine of comparative negligence, or degrees of negligence, is not recognized by the Courts of Pennsylvania, but as a practical matter they are frequently taken into consideration by a jury. 2003The Pennsylvania Superior Court said in Bacsick : As our Supreme Court noted in Black v. Ritchey, 432 Pa. 366, 370 , 248 A.2d 771, 773 (1968), quoting Karcesky v. Laria, 382 Pa. 227, 234 , 114 A.2d 150, 154 (1955), “ ‘[t]he doctrine of comparative negligence, or degrees of negligence, is not recognized by the Courts of Pennsylvania, but as a practical matter they are frequently taken into consideration by a jury.	1	1
Alvis v. Ribargreen ill · 1981 · cited in 1 Maryland opinions naming this issue, 1983–1983 2 sentences 1983Thus, in Alvis v. Ribar, 85 Ill.2d 1, 23-25 , 421 N.E.2d 886, 896-97 (1981), the Supreme Court of Illinois said: "Wie believe that the proper relationship between the legislature and the court is one of cooperation and assistance in examining and changing the common law to conform with the ever-changing demands of the community. 1983Thus, in Alvis v. Ribar, 85 Ill.2d 1, 23-25 , 421 N.E.2d 886, 896-97 (1981), the Supreme Court of Illinois said: "Wie believe that the proper relationship between the legislature and the court is one of cooperation and assistance in examining and changing the common law to conform with the ever-changing demands of the community.	1	1
Pope & Talbot, Inc. v. Hawngreen scotus · 1953 · cited in 1 Maryland opinions naming this issue, 1982–1982 1 sentence 1982Pope & Talbot, Inc. v. Hawn, 346 U.S. 406, 408-10 (1953), including the doctrine of comparative negligence.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
Jong Hee Park v. United States Lines, Inc. green mdctspecapp · 1982 2 sentences 2014Jong Hee Park v. U.S. Lines, Inc., 50 Md.App. 389, 398 , 439 A.2d 10 (1982) (internal citations omitted). 4 . 2014Jong Hee Park v. U.S. Lines, Inc., 50 Md.App. 389, 398 , 439 A.2d 10 (1982) (internal citations omitted). 4 .	1	2014–2014
Harrison v. Montgomery County Board of Education green md · 1983 2 sentences 2013The Court noted that it was “clear” that legal scholars “favored” the comparative negligence standard, as supported by “[a]n almost boundless array of scholarly writings.” 295 Md. at 453 , 456 A.2d at 899 . 2013The Court noted that it was “clear” that legal scholars “favored” the comparative negligence standard, as supported by “[a]n almost boundless array of scholarly writings.” 295 Md. at 453 , 456 A.2d at 899 .	1	2013–2013
Austin v. Mayor of Baltimore green md · 1979 2 sentences 2008Examples of other legal principles which are heavily criticized but which are firmly established in our law include the following: the tort immunity of local governments with regard to "governmental functions," Austin v. City of Baltimore, 286 Md. 51 , 405 A.2d 255 (1979); the parent-child immunity rule, Frye v. Frye, 305 Md. 542 , 505 A.2d 826 (1986); the refusal to recognize a cause of action for "educational malpractice," Doe v. Bd. of Educ., Montgomery Co., 295 Md. 67 , 453 A.2d 814 (1982); the continued adherence to the conflict of laws lex loci delicti principle, Hauch v. Connor, 295 Md. 2008Examples of other legal principles which are heavily criticized but which are firmly established in our law include the following: the tort immunity of local governments with regard to "governmental functions," Austin v. City of Baltimore, 286 Md. 51 , 405 A.2d 255 (1979); the parent-child immunity rule, Frye v. Frye, 305 Md. 542 , 505 A.2d 826 (1986); the refusal to recognize a cause of action for "educational malpractice," Doe v. Bd. of Educ., Montgomery Co., 295 Md. 67 , 453 A.2d 814 (1982); the continued adherence to the conflict of laws lex loci delicti principle, Hauch v. Connor, 295 Md.	1	2008–2008
Felder v. Butler green md · 1981 2 sentences 2008Examples of other legal principles which are heavily criticized but which are firmly established in our law include the following: the tort immunity of local governments with regard to "governmental functions," Austin v. City of Baltimore, 286 Md. 51 , 405 A.2d 255 (1979); the parent-child immunity rule, Frye v. Frye, 305 Md. 542 , 505 A.2d 826 (1986); the refusal to recognize a cause of action for "educational malpractice," Doe v. Bd. of Educ., Montgomery Co., 295 Md. 67 , 453 A.2d 814 (1982); the continued adherence to the conflict of laws lex loci delicti principle, Hauch v. Connor, 295 Md. 2008Examples of other legal principles which are heavily criticized but which are firmly established in our law include the following: the tort immunity of local governments with regard to "governmental functions," Austin v. City of Baltimore, 286 Md. 51 , 405 A.2d 255 (1979); the parent-child immunity rule, Frye v. Frye, 305 Md. 542 , 505 A.2d 826 (1986); the refusal to recognize a cause of action for "educational malpractice," Doe v. Bd. of Educ., Montgomery Co., 295 Md. 67 , 453 A.2d 814 (1982); the continued adherence to the conflict of laws lex loci delicti principle, Hauch v. Connor, 295 Md.	1	2008–2008
Frye v. Frye green md · 1986 2 sentences 2008Examples of other legal principles which are heavily criticized but which are firmly established in our law include the following: the tort immunity of local governments with regard to "governmental functions," Austin v. City of Baltimore, 286 Md. 51 , 405 A.2d 255 (1979); the parent-child immunity rule, Frye v. Frye, 305 Md. 542 , 505 A.2d 826 (1986); the refusal to recognize a cause of action for "educational malpractice," Doe v. Bd. of Educ., Montgomery Co., 295 Md. 67 , 453 A.2d 814 (1982); the continued adherence to the conflict of laws lex loci delicti principle, Hauch v. Connor, 295 Md. 2008Examples of other legal principles which are heavily criticized but which are firmly established in our law include the following: the tort immunity of local governments with regard to "governmental functions," Austin v. City of Baltimore, 286 Md. 51 , 405 A.2d 255 (1979); the parent-child immunity rule, Frye v. Frye, 305 Md. 542 , 505 A.2d 826 (1986); the refusal to recognize a cause of action for "educational malpractice," Doe v. Bd. of Educ., Montgomery Co., 295 Md. 67 , 453 A.2d 814 (1982); the continued adherence to the conflict of laws lex loci delicti principle, Hauch v. Connor, 295 Md.	1	2008–2008
Doe v. Bd. of Educ., Montgomery Co. green md · 1982 2 sentences 2008Examples of other legal principles which are heavily criticized but which are firmly established in our law include the following: the tort immunity of local governments with regard to "governmental functions," Austin v. City of Baltimore, 286 Md. 51 , 405 A.2d 255 (1979); the parent-child immunity rule, Frye v. Frye, 305 Md. 542 , 505 A.2d 826 (1986); the refusal to recognize a cause of action for "educational malpractice," Doe v. Bd. of Educ., Montgomery Co., 295 Md. 67 , 453 A.2d 814 (1982); the continued adherence to the conflict of laws lex loci delicti principle, Hauch v. Connor, 295 Md. 2008Examples of other legal principles which are heavily criticized but which are firmly established in our law include the following: the tort immunity of local governments with regard to "governmental functions," Austin v. City of Baltimore, 286 Md. 51 , 405 A.2d 255 (1979); the parent-child immunity rule, Frye v. Frye, 305 Md. 542 , 505 A.2d 826 (1986); the refusal to recognize a cause of action for "educational malpractice," Doe v. Bd. of Educ., Montgomery Co., 295 Md. 67 , 453 A.2d 814 (1982); the continued adherence to the conflict of laws lex loci delicti principle, Hauch v. Connor, 295 Md.	1	2008–2008
Hauch v. Connor green md · 1983 2 sentences 2008Examples of other legal principles which are heavily criticized but which are firmly established in our law include the following: the tort immunity of local governments with regard to "governmental functions," Austin v. City of Baltimore, 286 Md. 51 , 405 A.2d 255 (1979); the parent-child immunity rule, Frye v. Frye, 305 Md. 542 , 505 A.2d 826 (1986); the refusal to recognize a cause of action for "educational malpractice," Doe v. Bd. of Educ., Montgomery Co., 295 Md. 67 , 453 A.2d 814 (1982); the continued adherence to the conflict of laws lex loci delicti principle, Hauch v. Connor, 295 Md. 2008Examples of other legal principles which are heavily criticized but which are firmly established in our law include the following: the tort immunity of local governments with regard to "governmental functions," Austin v. City of Baltimore, 286 Md. 51 , 405 A.2d 255 (1979); the parent-child immunity rule, Frye v. Frye, 305 Md. 542 , 505 A.2d 826 (1986); the refusal to recognize a cause of action for "educational malpractice," Doe v. Bd. of Educ., Montgomery Co., 295 Md. 67 , 453 A.2d 814 (1982); the continued adherence to the conflict of laws lex loci delicti principle, Hauch v. Connor, 295 Md.	1	2008–2008
McGraw v. Corrin green del · 1973 2 sentences 1983A number of courts in jurisdictions which, like Maryland, retain the contributory negligence doctrine have also declined to adopt the comparative negligence doctrine, holding as a matter of policy that any such change should be made by the legislature. [10] See, e.g., Golden v. McCurry, 392 So.2d 815 (Ala. 1980); Steinman v. Strobel, 589 S.W.2d 293 (Mo. 1979); McGraw v. Corrin, 303 A.2d 641 (Del. 1983A number of courts in jurisdictions which, like Maryland, retain the contributory negligence doctrine have also declined to adopt the comparative negligence doctrine, holding as a matter of policy that any such change should be made by the legislature. 10 See, e.g., Golden v. McCurry, 392 So.2d 815 (Ala. 1980); Steinman v. Strobel, 589 S.W.2d 293 (Mo. 1979); McGraw v. Corrin, 303 A.2d 641 (Del.	1	1983–1983
Placek v. City of Sterling Heights green mich · 1979 2 sentences 1983In Placek v. City of Sterling Heights, 405 Mich. 638 , 275 N.W.2d 511 , decided in 1979, the Supreme Court of Michigan, in a detailed opinion, reasoned that comparative negligence was a fairer doctrine than contributory negligence and adopted it. 1983In Placek v. City of Sterling Heights, 405 Mich. 638 , 275 N.W.2d 511 , decided in 1979, the Supreme Court of Michigan, in a detailed opinion, reasoned that comparative negligence was a fairer doctrine than contributory negligence and adopted it.	1	1983–1983
Steinman v. Strobel green mo · 1979 2 sentences 1983A number of courts in jurisdictions which, like Maryland, retain the contributory negligence doctrine have also declined to adopt the comparative negligence doctrine, holding as a matter of policy that any such change should be made by the legislature. [10] See, e.g., Golden v. McCurry, 392 So.2d 815 (Ala. 1980); Steinman v. Strobel, 589 S.W.2d 293 (Mo. 1979); McGraw v. Corrin, 303 A.2d 641 (Del. 1983A number of courts in jurisdictions which, like Maryland, retain the contributory negligence doctrine have also declined to adopt the comparative negligence doctrine, holding as a matter of policy that any such change should be made by the legislature. 10 See, e.g., Golden v. McCurry, 392 So.2d 815 (Ala. 1980); Steinman v. Strobel, 589 S.W.2d 293 (Mo. 1979); McGraw v. Corrin, 303 A.2d 641 (Del.	1	1983–1983
United States v. Reliable Transfer Co. green scotus · 1975 2 sentences 1983American courts followed the early English equally divided damages rule until 1975, when, in United States v. Reliable Transfer Co., 421 U.S. 397 , 95 S.Ct. 1708 , 44 L.Ed.2d 251 (1975), the Supreme Court adopted a comparative negligence rule in admiralty cases. 1983American courts followed the early English equally divided damages rule until 1975, when, in United States v. Reliable Transfer Co., 421 U.S. 397 , 95 S.Ct. 1708 , 44 L.Ed.2d 251 (1975), the Supreme Court adopted a comparative negligence rule in admiralty cases.	1	1983–1983
Golden v. McCurry green ala · 1980 2 sentences 1983A number of courts in jurisdictions which, like Maryland, retain the contributory negligence doctrine have also declined to adopt the comparative negligence doctrine, holding as a matter of policy that any such change should be made by the legislature. [10] See, e.g., Golden v. McCurry, 392 So.2d 815 (Ala. 1980); Steinman v. Strobel, 589 S.W.2d 293 (Mo. 1979); McGraw v. Corrin, 303 A.2d 641 (Del. 1983A number of courts in jurisdictions which, like Maryland, retain the contributory negligence doctrine have also declined to adopt the comparative negligence doctrine, holding as a matter of policy that any such change should be made by the legislature. 10 See, e.g., Golden v. McCurry, 392 So.2d 815 (Ala. 1980); Steinman v. Strobel, 589 S.W.2d 293 (Mo. 1979); McGraw v. Corrin, 303 A.2d 641 (Del.	1	1983–1983
Kaatz v. State green alaska · 1975 2 sentences 1983The Alaska Supreme Court in Kaatz v. State, 540 P.2d 1037 (1975), followed the lead of the Florida and California courts in adopting comparative negligence. 1983The Alaska Supreme Court in Kaatz v. State, 540 P.2d 1037 (1975), followed the lead of the Florida and California courts in adopting comparative negligence.	1	1983–1983

Where else courts name it

FL 116 (1918–2024) IL 100 (1869–2021) MI 86 (1898–2025) CA 74 (1917–2026) GA 67 (1907–2024) MS 44 (1939–2024) LA 43 (1932–2022) NY 40 (1908–2026) NM 37 (1952–2012) OH 37 (1931–2025) WV 35 (1931–2024) CT 33 (1979–2017) NJ 28 (1960–2020) PA 24 (1947–2025) CO 22 (1973–2017) NE 21 (1934–1998) KY 21 (1938–2022) SC 17 (1991–2023) TX 17 (1946–2023) IA 16 (1980–2016) AK 16 (1975–2008) KS 13 (1883–1995) MO 12 (1888–2007) WI 11 (1957–2011) NV 9 (1992–2022) WA 9 (1904–2018) TN 9 (1971–2001) ME 9 (1968–2017) AL 9 (1989–2017) ND 8 (1974–2012) MT 8 (1948–2025) MD 7 (1982–2016) AZ 7 (1956–2010) VA 7 (1930–2003) WY 6 (1979–2002) MN 6 (1959–1989) DE 6 (1991–2021) DC 5 (1982–2011) HI 5 (1968–2006) ID 5 (1990–2017) OK 5 (1989–2012) AR 4 (1925–1988) MA 4 (1998–2010) NC 4 (1968–2012) VT 3 (1977–2006) OR 3 (1970–2006) IN 3 (1974–1999) SD 2 (1934–1983) VI 2 (2014–2017) UT 2 (1983–1995) NH 2 (1997–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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