Vii. [§ 6.36] Premises Liability

• Jurisdiction: Maryland

VII. [§ 6.36] PREMISES LIABILITY

George Harris owned residential property in Baltimore County and desired to sell the property. He invited John Smith, a real estate agent, to visit the house and discuss serving as Harris's sales agent.

During the visit, Smith asked to use the rest room. Harris forgot to tell Smith that on the previous evening the floor in the rest room had caved in, and he had covered it with a floor mat. Smith fell through the floor, breaking his right leg and sustaining other injuries. Smith sued Harris for negligence.

COMPLAINT

Negligence

John Smith (hereinafter "Smith"), Plaintiff, by his attorneys, Neveah P. Cooper and Cooper & Cooper, P.A., sues George Harris (hereinafter "Harris"), Defendant, and states:
1. Plaintiff Smith resides at 1204 Glenmore Road in Baltimore City, Maryland.
2. Defendant Harris resides in Baltimore City, Maryland, where he is engaged in the residential real estate brokerage business.
3. On January 1, 2022, Harris called Smith and invited Smith to Harris's residence. The purpose of the visit was to discuss the sale of Harris's home and the engagement of Smith and his firm to act as real estate agents for Harris.
4. On January 5, 2022, Smith met with Harris at Harris's home. During discussions, Smith requested permission to use the rest room facilities. Harris pointed out the way, but forgot to tell Smith that on the previous evening, the floor in the rest room had collapsed, and that he had covered the floor with a rug.
5. Smith did not know that the floor in the rest room had collapsed, and Smith crashed through the floor, seriously injuring himself. Smith was an invitee on the property of Harris. Harris was the owner of the property and had a duty to use reasonable and ordinary care to maintain the premises safely for Smith, and to protect Smith against injury caused by an unreasonable risk, which he, by exercising ordinary care, could not discover.
6. Harris breached this duty of care owed to Smith by failing to advise him of the condition of the rest room floor underneath the rug. Smith could not, by exercising any degree of ordinary care, discover the defect in Harris's home.
7. As a result of Harris's negligent action, Smith has suffered, and will continue to suffer, severe physical injuries, economic loss, and emotional trauma.
WHEREFORE, Plaintiff Smith demands judgment against Defendant Harris for compensatory damage in the amount of Fifty Thousand Dollars ($50,000), with interest and costs.

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Neveah P. Cooper
AIS No. 0123456789
Cooper & Cooper...