Premises Liability Complaint - Maryland

PREMISES LIABILITY COMPLAINT — MARYLAND

Before filing: Complete and attach the Maryland Civil–Non-Domestic Case Information Report (CC-DCM-002) to this circuit court complaint unless the case is exempt under Md. Rule 2-111(a).

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Duty of Care — Visitor Status
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

IN THE CIRCUIT COURT FOR [COUNTY NAME / BALTIMORE CITY]

STATE OF MARYLAND

2. PARTIES

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

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 / lessee / occupier / manager] of the real property located at [PROPERTY ADDRESS], [CITY], [COUNTY] County, Maryland (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 Md. Code, Cts. & Jud. Proc. § 1-501.

5. Venue is proper in [COUNTY / BALTIMORE CITY] pursuant to Md. Code, Cts. & Jud. Proc. §§ 6-201 and 6-202(8) because [Defendant resides or carries on a regular business in this county / the cause of action arose in this county].

4. FACTUAL ALLEGATIONS

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

7. On or about [DATE OF INCIDENT], Plaintiff was [lawfully present on / entering / exiting] 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.

11. Plaintiff was not contributorily negligent in any manner. Plaintiff exercised due care for Plaintiff's own safety at all times.

11A. [Plaintiff gave written notice of the claim on [DATE], within one year after the injury, by [in-person delivery / certified mail, return receipt requested] to [RECIPIENT DESIGNATED BY § 5-304(c)]. The notice stated the time, place, and cause of the injury.]

5. DUTY OF CARE — VISITOR STATUS

12. At the time of the incident, Plaintiff was [an invitee / a licensee by invitation / a bare licensee] on the Premises.

If Invitee:

13. Plaintiff entered the Premises for a purpose connected with the business or activity of Defendant. Defendant owed Plaintiff the duty of using reasonable and ordinary care to keep the Premises safe for invitees and to protect invitees from injury caused by an unreasonable risk that the invitee would not discover, including a duty to conduct reasonable inspections to discover latent hazards.

If Licensee by Invitation:

13. Plaintiff entered the Premises as a social guest with Defendant's express or implied invitation. Defendant owed Plaintiff a duty to warn of dangerous conditions of which Defendant had knowledge and which were not obvious to the licensee.

If Bare Licensee:

13. Plaintiff entered the Premises with Defendant's mere acquiescence. Defendant owed Plaintiff a duty to refrain from willful or wanton misconduct or entrapment. A bare-licensee claim must identify conduct breaching that limited duty.

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 owed Plaintiff the duties described above based on Plaintiff's status on the Premises.

16. Defendant breached the duty owed to Plaintiff's selected visitor status by [DESCRIBE THE STATUS-APPROPRIATE ACT OR OMISSION].

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

18. Plaintiff was free of contributory negligence at all relevant times.

7. SECOND CAUSE OF ACTION — FAILURE TO WARN

(Against [DEFENDANT NAME])

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

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

21. Defendant failed to provide adequate warning to Plaintiff of the dangerous condition.

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

8. THIRD CAUSE OF ACTION — NEGLIGENT MAINTENANCE

(Against [DEFENDANT NAME])

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

24. Defendant had a duty to properly maintain the Premises in a reasonably safe condition.

25. Defendant negligently failed to perform required maintenance, specifically [DESCRIBE].

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

9. DAMAGES

27. 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

28. Plaintiff hereby demands a trial by jury on all issues.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant as follows:

1. Compensatory damages [in the amount of $[AMOUNT NO GREATER THAN $75,000] / in an amount exceeding $75,000];
2. Non-economic damages as permitted under Md. Code, Cts. & Jud. Proc. § 11-108;
3. Pre-judgment and post-judgment interest;
4. Costs of suit;
5. Such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[LAW FIRM NAME]

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

12. VERIFICATION

STATE OF MARYLAND
[COUNTY / BALTIMORE CITY]

I, [PLAINTIFF FULL NAME], do solemnly declare and affirm under the penalties of perjury that the facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.

________________________________________
[PLAINTIFF FULL NAME]

Date: [__/__/____]

13. STATE-SPECIFIC NOTES

Case Information Report. File the separate Civil–Non-Domestic Case Information Report (CC-DCM-002) with this complaint unless exempt under Md. Rule 2-111(a).

CRITICAL: Contributory Negligence. Maryland is one of only four states (plus DC) that still uses pure contributory negligence. ANY fault on the part of the plaintiff completely bars recovery. This makes careful pleading and evidence preservation essential.

Visitor Classifications. Maryland retains the traditional categories: invitees (highest duty), licensees by invitation, bare licensees, and trespassers (lowest duty). The duty owed depends on the classification.

Three-Year Statute of Limitations. Md. Code, Cts. & Jud. Proc. § 5-101 provides three years from the date the civil action at law accrues, unless another Code provision supplies a different period. Do not substitute the injury date without confirming the governing accrual rule and any special period or tolling provision.

Non-Economic Damages Cap. Maryland caps non-economic damages. The cap increases by $15,000 each year. Verify the current amount under § 11-108.

Government Claims. For a claim covered by the Local Government Tort Claims Act, written notice stating the time, place, and cause of injury generally must be given within one year after the injury to the recipient designated in Md. Code, Cts. & Jud. Proc. § 5-304(c). Section 5-304(a), (d), and (e) contain exceptions and a good-cause relief route; plead the applicable notice facts and seek relief by motion when needed. For a claim against the State under the Maryland Tort Claims Act, Md. Code, State Gov't § 12-106(b)(1) generally requires a written claim to the State Treasurer or designee within one year after the injury. Check that statute's other conditions and exceptions before filing.

Last Clear Chance Doctrine. Maryland retains the "last clear chance" doctrine, which can overcome a contributory negligence defense if the defendant had the last opportunity to avoid the harm.

Assumption of Risk. Maryland recognizes both express and implied assumption of risk as defenses.

14. SOURCES AND REFERENCES

• Md. Code, Cts. & Jud. Proc. § 1-501 — circuit court jurisdiction; Civil–Non-Domestic Case Information Report (CC-DCM-002) — filing instruction under Md. Rule 2-111(a)
• Md. Code, Cts. & Jud. Proc. § 5-101 — Statute of limitations
• Md. Code, Cts. & Jud. Proc. § 11-108 — Non-economic damages cap
• Md. Code, Cts. & Jud. Proc. § 5-301 et seq. — Local Government Tort Claims Act
• Davis v. Regency Lane, LLC, No. 1747, September Term 2019 (Md. Ct. Spec. App. Jan. 28, 2021) — premises duty starts with the entrant's legal status at the time of the incident
• Harrison v. Montgomery County Bd. of Educ., 295 Md. 442 (1983)