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
13. State-Specific Notes
14. Sources and References

1. CAPTION

COMMONWEALTH OF MASSACHUSETTS

[COUNTY NAME], ss.

SUPERIOR COURT

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.

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to G.L. c. 212, § 3.

5. Venue is proper in [COUNTY] County pursuant to G.L. c. 223, § 1 because [the cause of action arose in this county / Defendant resides in this county / 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.

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 to all persons lawfully on the Premises. This duty required Defendant to take steps that are reasonable and appropriate to prevent injury under all of the circumstances, taking into account the foreseeability and likelihood of injury, the seriousness of the harm that may occur, the burden of avoiding the risk, and the proper allocation of risks involved. Mounsey v. Ellard, 363 Mass. 693, 708 (1973); Dos Santos v. Coleta, 465 Mass. 148, 154 (2013).

13. This duty of care included a duty to warn visitors of any dangers of which Defendant was aware or reasonably should have been aware, and a duty to remedy dangerous conditions.

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.

g. Loss of Consortium: [IF APPLICABLE — Loss of consortium. Note: Loss of consortium is NOT reduced by comparative negligence of the injured spouse.]

10. JURY DEMAND

26. Plaintiff hereby demands a trial by jury on all issues triable by jury.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant as follows:

1. Compensatory damages in an amount to be determined at trial;
2. Pre-judgment and post-judgment interest pursuant to G.L. c. 231, § 6B;
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]

13. STATE-SPECIFIC NOTES

Unitary Duty Standard. Massachusetts abolished the invitee/licensee distinction in Mounsey v. Ellard, 363 Mass. 693 (1973). A property owner or person in control owes a duty of reasonable care to all lawful visitors. An adult trespasser is owed only a duty to refrain from willful, wanton, and reckless conduct.

Open and Obvious Doctrine. An open and obvious condition excuses the duty to warn but does NOT eliminate the duty to remedy the condition if the owner can and should anticipate injury despite the obvious nature of the hazard. Dos Santos v. Coleta, 465 Mass. 148 (2013).

Modified Comparative Negligence (51% Bar). Under G.L. c. 231, § 85, plaintiff's recovery is barred if plaintiff is more than 50% at fault. If 50% or less at fault, damages are reduced proportionally.

Three-Year Statute of Limitations. G.L. c. 260, § 2A provides three years from the date of injury.

Government Claims. Claims against the Commonwealth or its subdivisions require presentment within two years under the Massachusetts Tort Claims Act, G.L. c. 258. Damages are capped at $100,000.

Natural Accumulation Rule. Massachusetts follows a limited "natural accumulation" rule for snow and ice, but property owners may still be liable for failure to address accumulated snow/ice beyond a reasonable time or for unnatural accumulations.

No Damages Cap (Private Defendants). Massachusetts has no cap on non-economic damages in standard negligence cases against private parties.

14. SOURCES AND REFERENCES

• G.L. c. 231, § 85 — Comparative negligence
• G.L. c. 260, § 2A — Statute of limitations
• G.L. c. 258 — Massachusetts Tort Claims Act
• Mounsey v. Ellard, 363 Mass. 693 (1973)
• Dos Santos v. Coleta, 465 Mass. 148 (2013)
• Davis v. Westwood Group, 420 Mass. 739 (1995)
• Massachusetts Model Jury Instructions 4.00 — Premises Liability