MARYLAND

Negligence / Personal Injury
3 Years A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced. Md. Code Ann., Cts. & Jud. Proc. § 5-101
Toxic Tort
3 Years A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced. Md. Code Ann., Cts. & Jud. Proc. § 5-101

Decedent's express knowledge of his exposure to asbestos products, coupled with his express knowledge of his diagnosis of mesothelioma, was sufficient to put him on inquiry notice during his lifetime of cause of injury, as element of discovery rule for commencing limitations period for beneficiaries' survival action against manufacturers of asbestos-containing products, relating to occupational disease. Georgia-Pacific Corp. v Benjamin 394 Md. 59 (2006)
Wrongful Death
3 Years Except as provided in paragraph (2) or (3) of this subsection, an action under this subtitle shall be filed within three years after the death of the injured person.
(2)(i) In this paragraph, “occupational disease” means a disease caused by exposure to any toxic substance in the person's workplace and contracted by a person in the course of the person's employment.
(ii) If an occupational disease was a cause of a person's death, an action shall be filed:
1. Within 10 years of the time of death; or
2. Within 3 years of the date when the cause of death was discovered, whichever is the shorter. Md. Code Ann., Cts. & Jud. Proc. § 3-904
Medical Malpractice
5 Years

An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider, as defined in § 3-2A-01 of this article, shall be filed within the earlier of:

(1) Five years of the time the injury was committed; or
(2) Three years of the date the injury was discovered. Md. Code Ann., Cts. & Jud. Proc. § 5-109

Right of action for injury or damage for medical malpractice may accrue when patient knows or should know he has suffered injury or damage;  if it is impossible for him, as layman unskilled in medicine, reasonably to understand or appreciate that actionable harm has been done him, he has statutory limitation period from moment of discovery, when he knows or should know he has cause of action, within which to sue. Waldman v. Rohrbaugh, 241 Md. 137 (1966).

Malpractice (Other Professions)
SOL: The shorter of 5 years from commission or 3 years from discovery.
Products Liability
3 Years

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced. Md. Code Ann., Cts. & Jud. Proc. § 5-101

Discovery:

“Under Maryland ‘discovery rule,’ a cause of action in negligence or strict liability accrues once a plaintiff knows or should know he or she has been wronged. Md. Code Ann., Cts. & Jud. Proc. § 5-101

Maryland's discovery rule tolls accrual of three year limitations period for civil matters until time plaintiff discovers, or through exercise of due diligence, should have discovered, the injury.  Chesapeake Bay Foundation, Inc. v. Weyerhaeuser Co., 848 F.Supp.2d 570 (D. Maryland 2012).

Under Maryland's discovery rule, implied actual notice, for purposes of accrual of cause of action in civil matter, arises where party to be charged is shown to have had knowledge of such facts and circumstances as would lead him, by the exercise of due diligence, to a knowledge of the principal fact; implied actual notice contemplates awareness implied from knowledge of circumstances which ought to have put a person of ordinary prudence on inquiry with notice of all facts which such an investigation would in all probability have disclosed if it had been properly pursued. Id.

Under Maryland's discovery rule, nonprofit environmental group had inquiry notice of its breach of contract and negligence claims against supplier of wooden beams used in construction of the group's environmental center, and thus actions accrued, for purposes of three year statute of limitations for civil matters, when building started to have water leaks, expert was hired to examine problem, and resulting expert report indicated that wooden beams had not been properly pressure treated with wood sealer or coating. Id. 

Fraud
3 Years A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced. Md. Code Ann., Cts. & Jud. Proc. § 5-101

Under Maryland law, when defendant's stealth or subterfuge leaves plaintiff blamelessly ignorant of the facts and circumstances legally entitling him or her to relief, the discovery rule prevents the limitations clock from running until plaintiff has learned or should have learned of the fraud.  Miller v. Pacific Shore Funding, 224 F.Supp.2d 977 (D. Md. 2002).

Claims brought by medical imaging company against equipment manufacturer, alleging fraud and negligent misrepresentation in connection with sale of computed tomography (CT) scanning machines, began to accrue when media article questioning safety and efficacy of device was published, and thus were time-barred under Maryland law; as of publication date, company had reason to investigate whether machines might emit more radiation than previously thought.  Virtual Physical Center Rockville, LLC v. Phillips Medical Systems North America, Inc., 478 F.Supp.2d 840 (D. Maryland 2007).
Municipal Liability/Sovereign Immunity
Limited waiver of state's sovereign immunity in tort claims to extent of insurance coverage.
Discovery Rule
Under Maryland's "discovery rule", the SOL begins to run when the "plaintiff discovers, or through the exercise of due diligence, should have discovered, the injury. A plaintiff must have knowledge, either implied or express, in order to trigger the running of the SOL.
Comparative Negligence
Comparative negligence rule not adopted.
Charitable Immunity
Exists with certain exceptions involving hospitals and nursing homes. Immunity of hospitals and nursing homes exists only ifinsured for not less than $100,000 and only as to excess over insurance limits.
Disabilities
Mental incompetent or minor (18th birthday) must file within 3 years or applicable period of limitation after disability is removed, whichever is shorter. Sol does not run during absence or concealment of defendant.
Damages
Numerous rules apply to limit damage awards in personal injury and wrongful death actions.
In personal injury actions in which cause of action arose on or after July 1st, 1986, $350,000 limit for noneconomic damages, including pain and suffering, impairment, disfigurement, loss of consortium. In personal injury and wrongful death actions in which cause of action arose on or after Oct. 1st, 1994, $500,000 limit for noneconomic damages. Limitation on noneconomic damages will increase by $15,000 on Oct. 1st of each year beginning Oct. 1st 1995. Noneconomic damages in wrongful death actions include mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, filial care, parental care, attention, advice, counsel, training, guidance or education.
Punitive Damages
Allowed in non-intentional tort actions only upon clear and convincing proof of malice. No municipal liability for punitive damages.
No-Fault Insurance
Applies
Other Relevant Information
3 Years years for Medicaid fraud.
Consumer Fraud Complaint

Maryland Office of the Attorney General, Consumer Protection
http://www.oag.state.md.us/Consumer/index.htm

(410) 528-8662 (Consumer Hotline)
(888) 743-0023

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