Comparative Negligence with Joint & Several Liability: The Best of Both Worlds

Abstract

Maryland is one of the few remaining states that still evaluates accidents using the contributory negligence approach. There is a movement within the state to change to the comparative negligence approach, but so far this reform effort has not succeeded. This short piece analyzes the issues involved and concludes that Maryland should enact legislation that would change its contributory negligence regime to one of comparative negligence. Among the reasons this piece gives are optimal compensation of victims, optimal deterrence of accidents, enhanced respect for the rule of law in the minds of the citizenry, and fairness. The article briefly provides an analysis of each of these issues and also contains citations to the relevant literature.

Keywords: Torts, Negligence, Comparative Negligence, Contributory Negligence, Accidents, Optimal Deterrence, Tort Reform, Maryland Tort Law

JEL Classification: K13, K19, K39, K49