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Maryland should scrap its antiquated liability rules
In the coming months, the Maryland Court of Appeals will decide if the state should move to a different system for deciding whether many accident victims — who would not have been injured without the negligence of others — can recover at least partial compensation. Currently, juries in Maryland are not allowed to award these victims even reduced damages from businesses or insured automobile drivers when both the victim and another party are at fault. Even if the injuring party's degree of fault is more egregious than that of the victim, the victim still cannot recover. This system, called "contributory fault," is antiquated and unfair, and the court should change it.
By Donald G. Gifford
September 24, 2012