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MARYLAND

Negligence / Personal Injury

3 Years 3 Years with Discovery Rule

Products Liability

3 Years 3 years with Discovery Rule

Wrongful Death

3 years from date of death unless caused by occupational disease whereupon shorter of 10 years from death or 3 years from time the cause of death is discovered. (Note: A Maryland appellate court has ruled that a widow’s wrongful death action was timely if she was unaware that her late husband’s mesothelioma was caused by asbestos exposure.)  

Medical Malpractice

5 years from injury or 3 years from discovery.  If plaintiff under 11, period commences on 11th birthday unless damage is to reproductive system or by foreign object and then it commences at age 16.

Intentional Torts

1 Year 1 year

Professional Malpractice

The shorter of 5 years from commission or 3 years from discovery.

Fraud

If knowledge of cause of action is kept from party by fraud of adverse party, cause of action accrues at time when party discovered, or by exercise or ordinary diligence should have discovered, the fraud.

Medicaid Fraud

3 Years 3 Years

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.

Disabilities

Mental incompetent or minor (18th birthday) must file within 3 years or applicable period of limitation after disability is removed, whichever is shorter.

Damages

Numerous rules apply to limit damage awards in personal injury and wrongful death actions.

Charitable Immunity

Exists with certain exceptions involving hospitals and nursing homes.

Comparative Negligence

Comparative negligence rule not adopted.

Sovereign Immunity

Limited waiver of state’s sovereign immunity in tort claims to extent of insurance coverage.

Punitive Damages

Allowed in non-intentional tort actions only upon clear and convincing proof of malice. No municipal liability for punitive damages.

Consumer Fraud Complaint

Maryland Office of the Attorney General, Consumer Protection
(410) 528-8662 (Consumer Hotline)
(888) 743-0023