Civil Liability in Maryland
Issue Overview: We strongly believe lawsuit abuse is a major problem for the small business community. Maryland's laws governing contributory negligence and punitive damages encourage economic development in our state, and should be preserved. However, laws on medical liability threaten access to health care and latent disease liability laws expose Maryland businesses to unreasonable damages.
NFIB Position: NFIB will oppose any legislation that makes it easier to sue small business employers and to recover damages against them.
NFIB will support legislation restoring the cap on noneconomic damage awards in latent disease and latent injury cases that was overturned by the Maryland Court of Appeals in Crane v. Scribner (2002); and NFIB will oppose legislation that would provide for tort liability based on comparative fault or weaken the standards for the award of punitive damages.
Issue Status: HB 20 District Court -- Small Claim Actions -- Amount in Controversy introduced by Delegate Smigiel would increase from $5,000 to $10,000 the amount in controversy in civil actions that can be brought as a small claim before the District Court. A hearing was held on Jan. 15 before the House Judiciary Committee. NFIB submitted testimony in support of this legislation.
