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View Diary: Maryland Court of Appeals Upholds Contributory Negligence (Refuses to Allow Comparative Negligence) (15 comments)

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  •  In smaller cases, the injured party is not (0+ / 0-)

    entitled to a jury.  In those cases, the cases are decided by a judge not a jury.  Judges are well aware of contributory negligence rule and do rule against the injured party based on it.  You can bet that the defense bar relies heavily on it in presenting their case.

    And in larger cases, the injured party may have difficulty obtaining a lawyer as plaintiff's attorneys get paid only if the injured party wins, and many lawyers don't want to take a chance on a case that will require a lot of time and money to try with the chance that they will be nothing.  Now there are some lawyers that will take these cases, but it takes some persistence on the part of the injured party to find them, and many injured people will give us after being told by 2 or 3 lawyers that they are not willing to accept the case.  

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