IN THE CIRCUIT COURT FOR [___ COUNTY], MARYLAND
Civil Action No.: _______
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
Defendant.
VERIFIED COMPLAINT FOR PERSONAL INJURIES (SLIP-AND-FALL)
[// GUIDANCE: This template is drafted for use in Maryland Circuit Court actions seeking in excess of $30,000. For District Court matters, adjust the caption, prayer for relief, and rule citations accordingly.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Parties
- Jurisdiction and Venue
- Factual Allegations
- Count I – Negligence (Premises Liability)
- Count II – Injunctive Relief (Limited)
- Damages & Prayer for Relief
- Jury Trial Demand
- Certification & Signature Block
- Verification (Optional / As Required)
1. DOCUMENT HEADER
1.1 Preliminary Statement
Plaintiff brings this action to recover damages for personal injuries sustained as a result of a hazardous condition on property owned, occupied, and/or controlled by Defendant.
1.2 Governing Law
This action is brought pursuant to Maryland common-law premises-liability principles and Md. Code Ann., Cts. & Jud. Proc. § 11-108 (non-economic damages cap), together with the Maryland Rules of Civil Procedure, Title 2.
2. DEFINITIONS
For ease of reference, the following terms have the meanings set forth below:
“Complaint” means this Verified Complaint for Personal Injuries (Slip-and-Fall).
“Date of Incident” means [MONTH DAY, YEAR].
“Defendant” means [DEFENDANT FULL LEGAL NAME], together with its agents, servants, and employees.
“Hazardous Condition” means the [DESCRIPTION, e.g., accumulation of liquid on the floor near the entrance] that caused Plaintiff’s fall.
“Premises” means the real property located at [STREET ADDRESS, CITY, MD ZIP], owned, occupied, and/or controlled by Defendant.
“Plaintiff” means [PLAINTIFF FULL LEGAL NAME].
3. PARTIES
3.1 Plaintiff
a. Plaintiff is an individual resident of [COUNTY], Maryland, over the age of eighteen, and competent to bring this action.
3.2 Defendant
a. Defendant is a [corporation / limited liability company / individual] organized and existing under the laws of [STATE] with its principal place of business at [ADDRESS].
b. At all relevant times, Defendant owned, occupied, possessed, and/or controlled the Premises.
4. JURISDICTION AND VENUE
4.1 Subject-Matter Jurisdiction
This Court has subject-matter jurisdiction pursuant to Md. Code Ann., Cts. & Jud. Proc. § 1-501.
4.2 Personal Jurisdiction
Defendant transacts substantial business in Maryland and committed the tortious act complained of within this State, conferring personal jurisdiction under Md. Code Ann., Cts. & Jud. Proc. § 6-103(b)(3).
4.3 Venue
Venue is proper in this Court under Md. Code Ann., Cts. & Jud. Proc. § 6-202 because the cause of action arose in this county and Defendant maintains its principal place of business here.
5. FACTUAL ALLEGATIONS
5.1 On the Date of Incident, Plaintiff lawfully entered the Premises as an [invitee/licensee] for the purpose of [SHOPPING / VISITING / OTHER].
5.2 A Hazardous Condition existed on the walking surface, specifically [DETAILED DESCRIPTION].
5.3 Defendant knew or, in the exercise of reasonable care, should have known of the Hazardous Condition because:
a. [Actual Notice Allegation—e.g., prior complaints, employee observations]; and/or
b. [Constructive Notice Allegation—e.g., condition existed for sufficient time, routine inspections not performed].
5.4 Defendant failed to remediate, warn of, or barricade the Hazardous Condition.
5.5 As a direct and proximate result, Plaintiff slipped, fell, and suffered serious bodily injuries including but not limited to [LIST INJURIES].
5.6 Plaintiff has incurred and will continue to incur medical expenses, lost wages, pain and suffering, emotional distress, and other damages.
[// GUIDANCE: Expand ¶5 with any additional facts necessary to establish duty, breach, causation, and damages. Include photographs, incident reports, and expert statements in discovery, not in the pleading.]
6. COUNT I – NEGLIGENCE (PREMISES LIABILITY)
6.1 Plaintiff realleges and incorporates by reference ¶¶1–5 as though fully set forth herein.
6.2 Duty. Defendant owed Plaintiff a duty to maintain the Premises in a reasonably safe condition and to warn of latent dangers of which Defendant knew or should have known.
6.3 Breach. Defendant breached that duty by:
a. Failing to keep the walking surface free from the Hazardous Condition;
b. Failing to inspect the Premises at reasonable intervals;
c. Failing to warn Plaintiff of the Hazardous Condition; and
d. Failing to take appropriate corrective actions.
6.4 Causation. Defendant’s breach directly and proximately caused Plaintiff’s injuries.
6.5 Damages. Plaintiff suffered the injuries and losses described in ¶5.5–5.6.
6.6 Lack of Contributory Negligence. Plaintiff exercised reasonable care under the circumstances and was not contributorily negligent.
6.7 No Assumption of Risk. The Hazardous Condition was neither open nor obvious, and Plaintiff did not assume the risk of injury.
WHEREFORE, Plaintiff requests judgment against Defendant as set forth in Section 8, infra.
7. COUNT II – INJUNCTIVE RELIEF (LIMITED)
7.1 Plaintiff realleges and incorporates by reference ¶¶1–6.
7.2 Plaintiff seeks an order requiring Defendant to remediate the Hazardous Condition and implement reasonable inspection and maintenance procedures to prevent recurrence.
7.3 Absent such relief, Plaintiff and members of the public face continuing risk of harm.
[// GUIDANCE: Injunctive relief is rarely sought in slip-and-fall cases. Plead Count II only when ongoing dangerous conditions persist and equitable relief is truly necessary.]
8. DAMAGES & PRAYER FOR RELIEF
Plaintiff respectfully requests that judgment be entered in his/her favor and against Defendant, and that the Court award:
-
Compensatory damages in excess of $75,000, including:
a. Past and future medical expenses;
b. Lost wages and diminution of earning capacity;
c. Non-economic damages for pain, suffering, and emotional distress (subject to the cap set forth in Md. Code Ann., Cts. & Jud. Proc. § 11-108); -
Pre- and post-judgment interest as allowed by law;
- Costs and reasonable attorney’s fees pursuant to any applicable statute or rule;
- Equitable and injunctive relief as stated in Count II; and
- Such other and further relief as the Court deems just and proper.
9. JURY TRIAL DEMAND
Pursuant to Md. Rule 2-325, Plaintiff demands a trial by jury on all issues so triable.
10. CERTIFICATION & SIGNATURE BLOCK
Respectfully submitted,
[ATTORNEY NAME] (Bar No. ______)
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY], MD [ZIP]
Tel: [PHONE] | Fax: [FAX]
Email: [EMAIL]
Attorney for Plaintiff
Certification Under Md. Rule 1-311
I certify that to the best of my knowledge, information, and belief, there is good ground to support this pleading and that it is not interposed for improper purpose.
11. VERIFICATION (Optional)
I, [PLAINTIFF NAME], being duly sworn, depose and say that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
[PLAINTIFF NAME]
Subscribed and sworn before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: _______
[// GUIDANCE:
1. Service: Attach a completed “Civil-Action – Information Report” (Md. Rule 16-202) and a summons for each Defendant.
2. Damages Cap: Update non-economic cap amount based on the calendar year of filing (see § 11-108).
3. Comparative v. Contributory Fault: Maryland follows pure contributory negligence—any contributory negligence bars recovery. Allegations in ¶6.6 are drafted to pre-empt this defense.
4. Notice: No statutory pre-suit notice is required for ordinary premises-liability claims, but consider preservation letters for spoliation.
5. Arbitration: If the parties have an existing arbitration agreement, add a count to compel arbitration or, alternatively, reserve the right to stay the action.]