STATE OF MAINE
[___] COUNTY SUPERIOR COURT
DOCKET NO.: ________
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
COMPLAINT AND DEMAND FOR JURY TRIAL
[// GUIDANCE: This template is drafted for a typical premises-liability “slip-and-fall” action in Maine state court. It reflects current Maine comparative-fault rules and the Maine Tort Claims Act notice requirement (where applicable). Bracketed placeholders must be completed and adapted to the specific facts and parties.]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- Factual Allegations
- Count I – Negligence (Premises Liability)
- Comparative Fault Allegations
- Damages
- Prayer for Relief
- Demand for Jury Trial
- Conditions Precedent & Compliance Statements
- Reservation of Rights
- Certification, Signature Block, and Service
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual residing at [ADDRESS], County of [___], State of Maine.
1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual proprietorship] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and authorized to do business in Maine.
1.3 Jurisdiction. This Court has subject-matter jurisdiction pursuant to Me. R. Civ. P. 3 and 8(a) because the amount in controversy exceeds the minimum jurisdictional threshold of the Superior Court.
1.4 Venue. Venue is proper in this Court under 14 M.R.S.A. §501 because the cause of action arose in this County and/or the Defendant lives or has its principal place of business here.
1.5 Tort Claims Act Notice (if applicable). Plaintiff provided timely written notice to the governmental entity Defendant pursuant to 14 M.R.S.A. §8107 on [DATE].
[// GUIDANCE: Delete ¶1.5 if the property owner is NOT a governmental entity.]
2. FACTUAL ALLEGATIONS
2.1 On [DATE] at approximately [TIME], Plaintiff lawfully entered Defendant’s premises located at [PROPERTY ADDRESS] (“Premises”) as a(n) [invitee/licensee].
2.2 A dangerous condition existed on the Premises, to wit: [e.g., an accumulation of ice/water on the floor, uneven flooring, inadequate lighting, missing handrail] (the “Hazard”).
2.3 Defendant knew or, in the exercise of reasonable care, should have known of the Hazard because [describe actual notice, constructive notice, prior complaints, inspections, or policies].
2.4 Defendant failed to (a) warn of, (b) correct, and/or (c) reasonably inspect for the Hazard, thereby breaching its duty of reasonable care owed to lawful visitors.
2.5 As Plaintiff traversed the area, Plaintiff slipped/tripped and fell due to the Hazard, sustaining serious bodily injuries, including but not limited to:
a. [LIST PHYSICAL INJURIES],
b. Emotional distress, and
c. Economic damages (medical expenses, lost wages, loss of earning capacity, etc.).
2.6 Plaintiff’s injuries were directly and proximately caused by Defendant’s negligence as alleged herein.
3. COUNT I – NEGLIGENCE (PREMISES LIABILITY)
3.1 Plaintiff realleges and incorporates by reference ¶¶1.1–2.6 as though fully set forth herein.
3.2 Duty. Defendant owed Plaintiff a duty to maintain the Premises in a reasonably safe condition, to inspect for hazards, and to warn of dangers that Defendant knew or should have known existed.
3.3 Breach. Defendant breached said duty by:
a. Failing to remedy the Hazard;
b. Failing to post warnings or barricades;
c. Failing to institute reasonable inspection or maintenance protocols; and/or
d. Violating applicable building, safety, or health codes.
3.4 Causation. Defendant’s breach was a substantial factor in causing Plaintiff’s injuries.
3.5 Damages. As a direct and proximate result, Plaintiff has suffered and will continue to suffer damages as set forth in Section 5 below.
WHEREFORE, Plaintiff demands judgment against Defendant as set forth in the Prayer for Relief.
4. COMPARATIVE FAULT ALLEGATIONS
4.1 Pursuant to 14 M.R.S.A. §156, Plaintiff’s recovery shall be reduced only by the proportion of negligence, if any, attributable to Plaintiff that is less than 50 percent.
4.2 Plaintiff specifically denies any comparative negligence; however, to the extent the trier of fact finds comparative negligence, such negligence does not equal or exceed 50 percent of the total negligence and therefore does not bar recovery.
[// GUIDANCE: Maine applies a 50% modified comparative fault rule—damages barred only if plaintiff’s fault ≥ 50%.]
5. DAMAGES
5.1 Past and future medical expenses: $[___] (to be proven at trial).
5.2 Past and future lost earnings and diminution of earning capacity: $[___].
5.3 Non-economic damages for pain, suffering, mental anguish, and loss of enjoyment of life: $[___].
5.4 Incidental and consequential damages: $[___].
5.5 Pre- and post-judgment interest as allowed by law (14 M.R.S.A. §1602-C).
5.6 Costs of suit, including reasonable attorney fees where recoverable.
5.7 Punitive damages (if facts warrant wanton, willful, or reckless conduct).
[// GUIDANCE: Punitive damages require clear and convincing evidence of particularly culpable conduct; plead only with factual basis.]
5.8 Statutory damage caps. If Defendant is subject to the Maine Tort Claims Act, recovery is limited to the statutory cap currently set at $400,000 per occurrence or as may be amended.
6. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
A. Compensatory damages in an amount to be determined by the trier of fact;
B. Punitive damages, if proven;
C. Pre-judgment and post-judgment interest as provided by law;
D. Costs of suit and such other relief as the Court deems just and proper; and
E. Injunctive or equitable relief requiring Defendant to remediate the hazardous condition to prevent future injuries (limited to the extent allowed under Maine law).
7. DEMAND FOR JURY TRIAL
Pursuant to Me. R. Civ. P. 38(b) and Article I, §20 of the Maine Constitution, Plaintiff hereby demands a trial by jury on all issues so triable.
8. CONDITIONS PRECEDENT & COMPLIANCE STATEMENTS
8.1 All conditions precedent to filing this action, including any statutory notice requirements, have been satisfied, waived, or are otherwise inapplicable.
8.2 Pursuant to Me. R. Civ. P. 11, the undersigned certifies that after reasonable inquiry the factual allegations have evidentiary support and the legal contentions are warranted by existing law or a non-frivolous argument for the extension, modification, or reversal of existing law.
9. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to assert additional claims or parties as discovery may warrant and to pursue any alternative dispute resolution procedures, including arbitration or mediation, as may be appropriate or contractually required.
[// GUIDANCE: Arbitration is optional under the user’s metadata. Include language to preserve the ability to arbitrate if an applicable clause later emerges.]
10. CERTIFICATION, SIGNATURE BLOCK, AND SERVICE
text
DATED: __, 20
Respectfully submitted,
[ATTORNEY NAME], Esq.
Maine Bar No. [___]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff
Certificate of Service
I hereby certify that on the date above I caused a true and correct copy of the foregoing Complaint to be served upon the Defendant at the address indicated below via [method of service consistent with Me. R. Civ. P. 4].
[ATTORNEY NAME], Esq.
OPTIONAL VERIFICATION (If Required)
text
STATE OF MAINE )
) ss.
COUNTY OF ___ )
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 to before me
this _ day of _ 20___.
Notary Public / Attorney at Law
My Commission Expires: _____
[// GUIDANCE FOR PRACTITIONERS:
1. Double-check that service, summons, and cover-sheet documents conform to Me. R. Civ. P. 3–4 and local court requirements.
2. Where the defendant is a governmental entity, strictly comply with the Maine Tort Claims Act—including timing, notice content, and damage caps.
3. Confirm that claimed damages are supported by medical records and economic reports; attach as exhibits where strategically advantageous.
4. Evaluate venue transfer risk if multiple counties are available; plead specific venue facts to minimize challenge.
5. Maintain records showing hazard notice and Defendant’s inspections; anticipate affirmative defenses of open-and-obvious danger and comparative negligence.
6. Consider early mediation pursuant to Maine Rule 16B (ADR) to expedite resolution.]