Maryland's Contributory Negligence Rule Survives: What Coleman v. Soccer Association Means for Every Injury Case
Imagine being told that the person who hurt you was negligent — a jury said so — and that you still recover nothing. Not a reduced amount. Nothing. That is not a hypothetical in Maryland. It is the law, and this past summer Maryland's highest court decided to keep it that way.
In Coleman v. Soccer Association of Columbia, 432 Md. 679, 69 A.3d 1149 (2013), the Court of Appeals of Maryland (the state's highest court) confronted its own creation: the doctrine of contributory negligence. James Coleman, a volunteer soccer coach, was severely injured when an unanchored soccer goal tipped over onto him. The jury found the soccer association negligent — and also found that Mr. Coleman was negligent himself. Under Maryland law, that second finding ended the case. Any negligence by the injured person, however slight, is a complete bar to recovery.
The court was squarely asked to replace this all-or-nothing rule with "comparative fault," the system used by the overwhelming majority of states, where an injured person's compensation is simply reduced in proportion to their share of the blame. By a 5–2 vote, the court declined, reasoning that a change this fundamental should come from the General Assembly, not the judiciary. Judge Harrell's dissent did not mince words, calling contributory negligence a "dinosaur" that the court should render extinct.
The harshest rule in American tort law
Contributory negligence made sense to 19th-century judges. Almost everyone else has abandoned it. Today, only four states — Maryland, Virginia, North Carolina, and Alabama — plus the District of Columbia still apply the complete bar. Here in the DMV, we practice in three of those five jurisdictions, so this doctrine shapes nearly every case we handle.
| System | Where it applies | Effect of plaintiff being 10% at fault on $100,000 in damages |
|---|---|---|
| Contributory negligence | MD, VA, DC, NC, AL | $0 — claim completely barred |
| Pure comparative fault | ~13 states (e.g., NY, CA, FL) | $90,000 |
| Modified comparative fault | Most other states | $90,000 (barred only if plaintiff's share exceeds 50% or 51%) |
What this means for injured people in Maryland
Because Coleman leaves the doctrine fully intact, every Maryland injury case now proceeds with a built-in trap: the defense does not have to prove you were mostly at fault, or even significantly at fault. One percent is enough.
In practice, that means:
- Insurance adjusters will hunt for any sliver of fault. Were you glancing at your phone? Walking outside the crosswalk? Wearing dark clothing at dusk? Expect these questions, because a single admission can be spun into a total defense.
- The defendant bears the burden of proving your negligence — and whether you were negligent is ordinarily a question for the jury, not a reason for the case to be thrown out early. A skilled trial lawyer's job is to keep it that way.
- Doctrines still soften the edges. Maryland recognizes last clear chance (if the defendant had the final opportunity to avoid the harm, your earlier carelessness may not bar recovery), and contributory negligence is measured against what a reasonable person would do — not a standard of perfection.
- Early investigation matters more here than almost anywhere. Scene photographs, witness statements, and vehicle data gathered promptly can shut down a manufactured contributory negligence defense before it takes root.
Where reform stands — and what to do in the meantime
Coleman also tells us where reform must come from: Annapolis. Comparative-fault bills have been introduced in the General Assembly repeatedly over the years, and they have repeatedly died in committee — opposed by insurers and local governments that benefit from the complete bar. The court's decision leaves no doubt that nothing will change until the legislature acts. Until then, injured Marylanders live with the dinosaur.
For anyone hurt in Maryland today, that reality translates into a few concrete rules. Say little to the other side's insurer, and never guess about your own conduct — "I don't know, it happened fast" is honest; speculation is ammunition. Preserve what you can immediately: photographs of the scene from multiple angles, the names and numbers of witnesses, the clothing and footwear you were wearing in a fall case. And get legal advice before giving any recorded statement, because in a contributory negligence state, the first interview is often where cases are quietly lost.
We try these cases in Maryland, Virginia, and the District, and we build every one of them from day one to defeat the contributory negligence defense. If you or a loved one has been hurt, call Posey Lebowitz at (202) 524-0123 or send us a message for a free consultation.
Part of our DMV case law archive, compiled in 2026 to reflect the archive of some of the most important decisions in injury law.