Premises Liability Complaint - Maine

PREMISES LIABILITY COMPLAINT — MAINE

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

STATE OF MAINE

[COUNTY NAME], ss.

SUPERIOR COURT

CIVIL ACTION

2. PARTIES

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

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/TOWN], [COUNTY] County, Maine (the "Premises"). Defendant may be served with process at [ADDRESS FOR SERVICE].

3.

3. JURISDICTION AND VENUE

4. This Court has civil jurisdiction over this matter pursuant to 4 M.R.S. § 105.

5. Venue is proper in [COUNTY] County pursuant to 14 M.R.S. § 501 because [the cause of action arose in this county / Defendant resides in this county].

4. FACTUAL ALLEGATIONS

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

5. DUTY OF CARE — VISITOR STATUS

11. At the time of the incident, Plaintiff was lawfully on the Premises for [DESCRIBE PURPOSE AND CIRCUMSTANCES OF ENTRY].

12. As the [owner / occupier / possessor] of the Premises, Defendant owed Plaintiff a duty of reasonable care in all the circumstances. Poulin v. Colby College, 402 A.2d 846, 851 (Me. 1979). [If control is disputed, plead the facts showing Defendant's possession or control. See Quadrino v. Bar Harbor Banking & Trust Co., 588 A.2d 303, 304-05 (Me. 1991).]

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

(Against [DEFENDANT NAME])

13. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 12 above.

14. Defendant owed Plaintiff a duty to exercise reasonable care to maintain the Premises in a reasonably safe condition.

15. Defendant breached this duty by [failing to maintain the Premises / failing to inspect for hazards / failing to repair 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 of the dangerous condition, including but not limited to [failure to post warning signs / failure to barricade the area / failure to provide verbal warnings].

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 but not limited to [DESCRIBE SPECIFIC MAINTENANCE OBLIGATION — e.g., clearing ice and snow, repairing walkways, maintaining lighting].

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 and continues to suffer 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 Enjoyment of Life: Past and future loss of enjoyment of life.

h. Loss of Consortium: [IF APPLICABLE — Loss of consortium.]

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 as allowed by law;
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], Maine Bar No. [NUMBER]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY/TOWN], Maine [ZIP CODE]
Telephone: [PHONE]
Facsimile: [FAX]
Email: [EMAIL]
Attorney for Plaintiff [PLAINTIFF NAME]

12. VERIFICATION

STATE OF MAINE
COUNTY OF [COUNTY NAME]

I, [PLAINTIFF FULL NAME], being duly sworn, state 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 / Attorney at Law
My Commission Expires: [DATE]

13. STATE-SPECIFIC NOTES

Duty of Reasonable Care. Maine applies a general duty of reasonable care to all lawful visitors. The visitor's status (invitee, licensee, trespasser) remains relevant to determining what care is reasonable under the circumstances.

Modified Comparative Negligence (Equal-Fault Bar). Under 14 M.R.S. § 156, equal or greater claimant fault bars recovery. If claimant fault is less, the jury states a just-and-equitable reduction in dollars and cents rather than mechanically applying a fault percentage.

Six-Year General Limitation. Under 14 M.R.S. § 752, civil actions generally must be commenced within six years after the cause of action accrues unless another statute provides otherwise.

Known or Obvious Conditions. A lawful visitor's knowledge does not necessarily bar recovery when the possessor should foresee that the visitor may reasonably encounter the condition despite knowing of it. Poulin, 402 A.2d at 851-52. Comparative fault remains fact-specific.

Government Claims. The Maine Tort Claims Act generally requires notice within 365 days after accrual under 14 M.R.S. § 8107 and suit within two years after accrual under § 8110. Section 8105 caps all claims from one occurrence at $400,000, including costs and prejudgment interest, and bars punitive or exemplary damages against a governmental entity. Confirm the exact defendant, recipient, immunity, and waiver.

Snow and Ice. A business anticipating significant invitee traffic during a winter storm may have to respond reasonably while the storm continues; Maine does not apply a categorical storm-in-progress no-duty rule in that setting. Budzko v. One City Center Associates Limited Partnership, 2001 ME 37, ¶¶ 11-16, 767 A.2d 310.

14. SOURCES AND REFERENCES

• 14 M.R.S. § 156 — Comparative negligence
• 14 M.R.S. § 752 — Six-year statute of limitations
• 4 M.R.S. § 105 — Superior Court civil jurisdiction
• 14 M.R.S. § 501 — Venue
• 14 M.R.S. §§ 8105, 8107, 8110 — Government-claim cap, notice, and limitation
• Poulin v. Colby College, 402 A.2d 846 (Me. 1979)
• Quadrino v. Bar Harbor Banking & Trust Co., 588 A.2d 303 (Me. 1991)
• Dumont v. Shaw's Supermarkets, Inc., 664 A.2d 846 (Me. 1995)
• Budzko v. One City Center Associates Limited Partnership, 2001 ME 37, 767 A.2d 310