In July 2013, Maryland’s Court of Appeals once again had the opportunity to review the state’s contributory negligence standard. The underlying case was brought by an accomplished soccer player, James Coleman, who had volunteered to assist in coaching a team of young players in the Soccer Association of Columbia in Howard County. Coleman was assisting during practice when a set of goal posts fell on his face resulting in multiple severe facial fractures that required surgery and, ultimately, the placement of titanium plates in his face. He sued the association. A jury concluded the association was negligent, however, it also found Coleman to be negligent. Accordingly, pursuant to the contributory negligence standard adopted in 1847, the trial court entered a judgment in favor of the association. By a 5-2 decision, the Court of Appeals upheld the trial court’s decision and stated that the decision to change to a different standard belongs to the state legislature.

Maryland is one of four states, including Virginia and the District of Columbia that continues to use the contributory negligence law. Under the contributory negligence standard, if a plaintiff is found to be 1% at fault then he is precluded from recovery from the defendant. The remaining 46 states use a comparative negligence standard that reduces damages an injured person can receive in proportion to his or her degree of fault. Thus, under a comparative negligence standard, a plaintiff that is 1% at fault will be entitled to 99% of her damages from the defendant.