A properly pleaded claim of negligence includes four elements: (1) that the defendant was under a duty to protect the plaintiff from injury, (2) that the defendant breached that duty, (3) that the plaintiff suffered actual injury or loss, and (4) that the loss or injury proximately resulted from the defendant's breach of the duty. Todd v. Mass Transit Admin., 373 Md. 149, 816 A.2d 930 (2003).
As such every complaint in an personal injury case in Maryland for negligence must state, all facts which are essential to the cause of action with a reasonable degree of certainty. It is necessary to inform the defendant of the acts or omissions on which his or her liability is based. In order to state a cause of action in negligence, the complaint should state:
1. a right on the part of the plaintiff,
2. a duty on the part of the defendant with respect to that right,
3. a breach of that duty by the defendant,
4. the plaintiff has suffered an injury as a result of the breach of duty
5. the amount of damages the plaintiff is seeking to recover.
As such every complaint in an personal injury case in Maryland for negligence must state, all facts which are essential to the cause of action with a reasonable degree of certainty. It is necessary to inform the defendant of the acts or omissions on which his or her liability is based. In order to state a cause of action in negligence, the complaint should state:
1. a right on the part of the plaintiff,
2. a duty on the part of the defendant with respect to that right,
3. a breach of that duty by the defendant,
4. the plaintiff has suffered an injury as a result of the breach of duty
5. the amount of damages the plaintiff is seeking to recover.
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