Task Force to Study Various Aspects of Changing Contributory Negligence to Comparative Negligence Act
Impact
The proposed task force will consist of various members including legislators, representatives from the Attorney General's office, and other appointed experts, ensuring a broad spectrum of viewpoints in the assessment process. The task force will study existing state laws, examine the financial impacts seen in other jurisdictions that have adopted similar changes, and evaluate the appropriateness of such changes in relation to public policy. The findings are to be reported back to the General Assembly by December 31, 2024, potentially paving the way for future legislative action on this critical issue.
Summary
House Bill 1361 introduces the Task Force to Study Various Aspects of Changing Contributory Negligence to Comparative Negligence Act. This bill aims to establish a task force tasked with analyzing the implications of transitioning from a contributory negligence standard to a comparative negligence framework within Maryland’s legal system. Such a change is significant as it could impact the liability measures and the manner in which damages are awarded in civil actions arising from tortious conduct.
Contention
One notable point of contention surrounding this bill is the impact that changing the standard of negligence may have on plaintiffs and defendants in personal injury cases. Supporters of comparative negligence argue that it allows for a fairer allocation of damages based on the degree of fault, enhancing fairness in legal judgments. Critics, however, may assert that such changes could lead to increased liability for defendants and could discourage industries from operating freely due to heightened legal vulnerabilities. How the task force addresses these concerns will be closely monitored by stakeholders involved in civil law and tort reform.