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In order to establish negligence, you must be able to prove four ?elements?: a duty, a breach of that duty, causation and damages.
§ 5-121 - Liability for negligent or wrongful act.
Summary of Maryland Slip and Fall Verdicts & Settlements Reported verdicts and settlements indicates that about 68% of Maryland slip and fall cases had a value somewhere between $5,000 and $50,000. Just under 5% of the cases had a final value in excess of $500,000.
Maryland remains one of the few remaining states to use this doctrine in assessing injury claims. Under Maryland law, a person who is found to be contributorily negligent may not recover ANY damages for their injuries, regardless of how minor their contribution to the accident might have been.
Unfortunately, Maryland is not a comparative negligence state. It's a contributory negligence state.
Maryland follows the very harsh rule of contributory negligence. This means that if you contributed in any way to your own fall, the property owner would not be held liable. You may only be 1% at fault for the incident, and the property owner 99% at fault, and you still would not be able to recover on your claim.
Under this rule, the accident victim's failure to exercise due care that contributes even in the slightest way to the plaintiff's injuries is an absolute bar to recovery.
There aren't any laws, rules, or formal guidelines in Maryland for calculating a personal injury victim's non-economic damages. Some insurance companies use a computer program that determines what should be paid for an injury victim's personal suffering and pain.