NEGLIGENCE

Negligence is a central concept in Maryland personal injury law, and it serves as the foundation for many claims. In simple terms, negligence occurs when someone fails to act with the level of care that a reasonably prudent person uses in the same situation. That lack of reasonable care can result in accidents, injuries, or other serious harm. Because so many daily interactions carry an expectation of safety, whether driving, maintaining property, or providing professional services, the law holds people accountable when their carelessness causes damage to others.

Examples of negligence can range from distracted driving and unsafe property conditions to medical mistakes or defective products. Each situation looks different, but the principle is the same: when someone fails to meet their responsibility to act safely, and injures another person as a result, the law may provide a path to compensation. These claims are not limited to major accidents. Even what may seem like a minor mistake can still change a victim’s life.

If a person’s negligence injured you or a loved one, in Maryland you may be entitled to recover damages for your losses. That compensation can help cover medical bills, lost income, and the pain and disruption the injury caused. Still, proving negligence is rarely straightforward. Each case requires careful analysis of the facts, strong evidence, and a clear understanding of Maryland law. Knowing how negligence is defined, and how it applies to your situation, is the first step toward protecting your rights and pursuing a successful claim.

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The Four Elements of Negligence in Maryland

To win a negligence case, Maryland law requires proof of four key elements. You must prove each one to hold the at-fault party legally responsible:

Duty of Care
The defendant owes a legal duty to act with reasonable care toward the plaintiff. For example, drivers must follow traffic laws and keep others safe on the road.

Breach of Duty
When a duty exists, the defendant breaches it by failing to uphold that duty. A breach happens when someone acts carelessly or fails to act as a reasonable person would.

Causation
The plaintiff must show a direct link between the defendant’s breach of duty and the injury. Without this connection, the court will not assign liability.

Damages
The plaintiff must also prove that the negligence caused measurable harm, such as medical bills, lost wages, or pain and suffering.

Contributory Negligence in Maryland

Maryland follows the doctrine of contributory negligence. Under this rule, if the plaintiff bears even slight fault for an accident, the court can bar recovery of compensation.

Some exceptions exist. In certain cases, the defendant’s actions carry far greater fault than the plaintiff’s, and the plaintiff can still pursue compensation. Because contributory negligence creates such strict limits, an experienced Maryland negligence attorney should evaluate your case to determine your options.

Statute of Limitations

Maryland law sets a three-year statute of limitations for most personal injury claims. The clock starts on the date of the injury, and you must file your lawsuit before the deadline to preserve your rights.

If you miss this window, the court will likely dismiss your case, and you will lose the chance to recover compensation. Speaking with an attorney as soon as possible gives you the best chance to protect evidence, strengthen your claim, and move forward within the law’s time limits.

How COHEN|HARRIS Can Help

If you have been injured due to someone else’s negligence in Maryland, it’s important to seek the help of an experienced plaintiff’s law firm. A skilled attorney can help you navigate the legal system, gather evidence, and negotiate with insurance companies to help you get the compensation you deserve.

At COHEN|HARRIS, we have years of experience representing clients in personal injury cases, including those involving negligence. We are committed to helping our clients get the justice they deserve and will work tirelessly to ensure that your rights are protected.

If you have been injured in Maryland, contact COHEN|HARRIS LLC today for a free consultation. We’re here to help.