Personal Injury Complaint - Slip and Fall

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[___] JUDICIAL DISTRICT

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

Case No.: __________________

COMPLAINT FOR PERSONAL INJURY

(Premises Liability – Slip and Fall)

TABLE OF CONTENTS

1. Parties ............................................................................................. 1
2. Jurisdiction and Venue ................................................................ 1
3. Factual Allegations ....................................................................... 2

4. Causes of Action ............................................................................ 3
   • Count I – Negligence (Premises Liability)
   • Count II – Negligent Failure to Warn (optional)
   • Count III – Negligence Per Se (optional)

5. Damages ........................................................................................ 6

6. Reservation of Rights & Amendments .................................. 7
7. Prayer for Relief ............................................................................ 7
8. Demand for Jury Trial .................................................................. 8
9. Verification ..................................................................................... 8
10. Certificate of Service ................................................................... 9

1. PARTIES

1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a resident of [COUNTY], Alaska, and at all material times was lawfully on the premises described herein.

1.2 Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and is the owner, occupier, and/or controller of the premises located at [PREMISES ADDRESS] (the “Premises”).

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction pursuant to AS § 22.10.020 and ARCP 3 because the amount in controversy exceeds $100,000 exclusive of interest and costs.

2.2 Venue is proper in this judicial district under AS § 09.05.010 because the cause of action arose in, and Defendant conducts substantial business within, this district.

2.3 Plaintiff’s claims are timely filed within the two-year statute of limitations for personal injury actions. See AS § 09.10.070 (2023).

2.4 All conditions precedent, including any statutory notice requirements applicable to governmental entities under AS § 09.50.250 (if relevant), have been satisfied or duly waived.

3. FACTUAL ALLEGATIONS

3.1 On [INCIDENT DATE] (the “Incident Date”), Plaintiff lawfully entered the Premises as a(n) [invitee/licensee] for the purpose of [DESCRIBE PURPOSE].

3.2 At approximately [TIME], Plaintiff slipped and fell on [DESCRIBE HAZARDOUS CONDITION, e.g., “an accumulation of ice and snow on the entrance walkway”] (the “Hazard”) resulting in severe bodily injuries.

3.3 Defendant knew or, in the exercise of reasonable care, should have known of the Hazard because:
 (a) [DESCRIBE ACTUAL NOTICE, e.g., prior complaints, maintenance logs], and/or
 (b) [DESCRIBE CONSTRUCTIVE NOTICE, e.g., Hazard existed for an unreasonable period].

3.4 Defendant failed to:
 (a) inspect the Premises at reasonable intervals;
 (b) remedy the Hazard; and
 (c) warn invitees of the dangerous condition.

3.5 As a direct and proximate result of Defendant’s acts and omissions, Plaintiff sustained injuries including but not limited to [LIST INJURIES], incurred medical expenses, lost wages, pain and suffering, and loss of enjoyment of life.

4. CAUSES OF ACTION

COUNT I

NEGLIGENCE (PREMISES LIABILITY)

4.1 Plaintiff incorporates Paragraphs 1.1 through 3.5 as if fully set forth herein.

4.2 Defendant owed Plaintiff a duty to maintain the Premises in a reasonably safe condition and to protect against or warn of dangers of which Defendant knew or should have known.

4.3 Defendant breached that duty by permitting the Hazard to exist and by failing to warn Plaintiff.

4.4 Defendant’s breach was the actual and proximate cause of Plaintiff’s damages.

4.5 Under Alaska’s pure comparative fault regime, AS § 09.17.060, Plaintiff’s recovery shall be diminished only by any percentage of fault, if any, attributable to Plaintiff.

COUNT II

NEGLIGENT FAILURE TO WARN (optional)

4.6 Defendant had a duty to give adequate warning of the Hazard, breached that duty, and thereby caused Plaintiff’s injuries.

COUNT III

NEGLIGENCE PER SE (optional – code/ordinance violation)

4.7 Defendant violated [APPLICABLE BUILDING/SAFETY CODE SECTION], enacted to protect the class of persons including Plaintiff from the type of harm suffered. Violation of that statute constitutes negligence per se.

5. DAMAGES

5.1 Economic Damages
 (a) Past medical expenses: $[___]
 (b) Future medical expenses: $[___]
 (c) Past lost wages: $[___]
 (d) Future loss of earning capacity: $[___]

5.2 Non-Economic Damages
 (a) Pain and suffering;
 (b) Loss of enjoyment of life;
 (c) Emotional distress.

5.3 Pre- and post-judgment interest as allowed by AS § 09.30.070 and AS § 09.30.065.

5.4 Plaintiff seeks attorney’s fees and costs per ARCP 82.

6. RESERVATION OF RIGHTS & AMENDMENTS

6.1 Plaintiff reserves the right to amend this Complaint pursuant to ARCP 15 to assert additional claims or join additional parties as discovery progresses.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff and against Defendant as follows:

A. Awarding economic damages in an amount to be proved at trial;
B. Awarding non-economic damages subject to statutory caps, if any;
C. Awarding pre- and post-judgment interest as allowed by law;
D. Awarding attorney’s fees and costs per ARCP 82;
E. Granting such other and further relief as the Court deems just and proper.

8. DEMAND FOR JURY TRIAL

Pursuant to Article I, Section 11 of the Alaska Constitution and ARCP 38, Plaintiff demands trial by jury on all issues so triable.

9. VERIFICATION

I, [PLAINTIFF NAME], verify under penalty of perjury that I have read the foregoing Complaint and that the factual statements contained herein are true and correct to the best of my knowledge and belief.

Date: _____________________

________________________________________
[PLAINTIFF NAME]

10. CERTIFICATE OF SERVICE

I certify that on this ___ day of ____________, 20__, a true and correct copy of the foregoing was served on:

• [DEFENSE COUNSEL NAME & ADDRESS]
  ☐ By first-class U.S. Mail
  ☐ By electronic mail (per ARCP 5.1)
  ☐ By hand delivery

________________________________________
[ATTORNEY NAME], ABA No. ______
Attorney for Plaintiff

SIGNATURE BLOCK

Respectfully submitted,

Dated: ______________________

________________________________________
[ATTORNEY NAME], ABA No. ______
[LAW FIRM NAME]
[ADDRESS]
[TEL] ☐ [EMAIL]
Attorney for Plaintiff