Premises Liability Complaint - Massachusetts

PREMISES LIABILITY COMPLAINT — MASSACHUSETTS

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Duty of Care — Massachusetts Standard
6. First Cause of Action — Negligence (Premises Liability)
7. Second Cause of Action — Failure to Warn
8. Third Cause of Action — Negligent Maintenance
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Verification

1. CAPTION

COMMONWEALTH OF MASSACHUSETTS

[COUNTY NAME], ss.

SUPERIOR COURT

Before filing, complete and sign the Superior Court Civil Action Cover Sheet, including the itemized statement of damages where appropriate. File it with this complaint and serve a copy with the complaint. Mass. Super. Ct. R. 29(1)–(2).

CIVIL ACTION NO. [____________________]

2. PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY/TOWN], [COUNTY] County, Massachusetts.

2. Defendant [DEFENDANT FULL NAME] ("Defendant") is [an individual residing in / a corporation organized under the laws of / a limited liability company formed under the laws of] [STATE], and at all relevant times was the [owner / occupier / manager / person in control of] the real property located at [PROPERTY ADDRESS], [CITY/TOWN], [COUNTY] County, Massachusetts (the "Premises"). Defendant may be served with process at [ADDRESS FOR SERVICE].

3. Defendant is responsible for the condition of the Premises because [DESCRIBE THE FACTS ESTABLISHING OWNERSHIP OR CONTROL].

3. JURISDICTION AND VENUE

4. This Court has jurisdiction under G.L. c. 212, § 3. Based on [DESCRIBE THE INJURIES AND EXPECTED RECOVERY], there is a reasonable likelihood that Plaintiff’s recovery will exceed $50,000, the amount set by the Supreme Judicial Court for money-damages actions commenced on or after January 1, 2020.

5. Venue is proper in [COUNTY] County pursuant to G.L. c. 223, § 1 because [Plaintiff or Defendant resides in this county / Plaintiff or Defendant has a usual place of business in this county].

4. FACTUAL ALLEGATIONS

6. At all relevant times, Defendant [owned / occupied / managed / controlled] the Premises located at [PROPERTY ADDRESS], [CITY/TOWN], Massachusetts [ZIP CODE].

7. On or about [DATE OF INCIDENT], Plaintiff was lawfully on the Premises for the purpose of [PURPOSE OF VISIT].

8. At the time of the incident, there existed on the Premises a dangerous condition, specifically: [DESCRIBE DANGEROUS CONDITION IN DETAIL].

9. Defendant had [actual / constructive] knowledge of the dangerous condition because:

☐ Defendant created the dangerous condition.

☐ Defendant had actual knowledge of the condition through [DESCRIBE].

☐ The condition existed for a sufficient period of time that Defendant, in the exercise of reasonable care, should have discovered it.

☐ The condition was part of a recurring hazard known to Defendant.

10. As a direct result of the dangerous condition, Plaintiff [DESCRIBE INCIDENT] and sustained serious injuries.

10A. [If this claim involves a private-premises or adjoining-way defect caused at least in part by weather-related snow or ice: Plaintiff gave Defendant signed written notice of the injury, with the required identifying and incident details, on DATE within thirty days after the incident / Plaintiff alleges Defendant was not prejudiced by any failure to give notice because FACTS.]

5. DUTY OF CARE — MASSACHUSETTS STANDARD

11. At all relevant times, Plaintiff was lawfully on the Premises.

12. Defendant, as the owner or person in control of the Premises, owed Plaintiff a duty of reasonable care as a lawful visitor. The required care depends on the foreseeable risk, potential harm, and burden of prevention, as stated in Massachusetts Superior Court Civil Jury Instruction 4.00.

13. This duty of care included a duty to address foreseeable hazards and, where a warning was reasonably needed, to warn lawful visitors. The condition here was [DESCRIBE WHY A WARNING OR REMEDY WAS REASONABLY REQUIRED].

6. FIRST CAUSE OF ACTION — NEGLIGENCE (PREMISES LIABILITY)

(Against [DEFENDANT NAME])

14. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 13 above.

15. Defendant breached the duty of reasonable care by [failing to maintain the Premises in a reasonably safe condition / failing to inspect for hazards / failing to correct the dangerous condition / failing to adequately warn Plaintiff].

16. Defendant's breach was a proximate cause of Plaintiff's injuries and damages.

7. SECOND CAUSE OF ACTION — FAILURE TO WARN

(Against [DEFENDANT NAME])

17. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

18. Defendant knew or should have known of the dangerous condition on the Premises.

19. Defendant failed to provide adequate warning to Plaintiff, despite the condition not being open and obvious to Plaintiff.

20. Defendant's failure to warn was a proximate cause of Plaintiff's injuries.

8. THIRD CAUSE OF ACTION — NEGLIGENT MAINTENANCE

(Against [DEFENDANT NAME])

21. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

22. Defendant had a duty to properly maintain the Premises, including [DESCRIBE SPECIFIC OBLIGATION].

23. Defendant negligently failed to perform required maintenance.

24. Defendant's negligent maintenance was a proximate cause of Plaintiff's injuries.

9. DAMAGES

25. As a proximate result of Defendant's negligence, Plaintiff has suffered the following damages:

a. Medical Expenses: Past and future reasonable and necessary medical expenses.

b. Lost Wages and Earning Capacity: Past and future loss of wages and earning capacity.

c. Physical Pain and Suffering: Past and future physical pain and suffering.

d. Mental Anguish: Past and future mental anguish and emotional distress.

e. Physical Impairment: Past and future physical impairment and disability.

f. Disfigurement: Past and future disfigurement.

10. JURY DEMAND

26. Plaintiff demands trial by jury on all issues triable of right under Mass. R. Civ. P. 38(b) and Article XV of the Massachusetts Declaration of Rights.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant as follows:

1. Compensatory damages in an amount to be determined at trial;
2. Prejudgment interest under G.L. c. 231, § 6B, and postjudgment interest under G.L. c. 235, § 8, as applicable;
3. Costs of suit;
4. Such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[LAW FIRM NAME]

By: ________________________________________
[ATTORNEY NAME], BBO No. [NUMBER]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY/TOWN], Massachusetts [ZIP CODE]
Telephone: [PHONE]
Facsimile: [FAX]
Email: [EMAIL]
Attorney for Plaintiff [PLAINTIFF NAME]

12. VERIFICATION

COMMONWEALTH OF MASSACHUSETTS
COUNTY OF [COUNTY NAME]

I, [PLAINTIFF FULL NAME], being duly sworn, depose and say that I have read the foregoing Complaint and that the facts stated therein are true to the best of my knowledge and belief.

________________________________________
[PLAINTIFF FULL NAME]

SUBSCRIBED AND SWORN TO BEFORE ME on [DATE].

________________________________________
Notary Public
My Commission Expires: [DATE]