IN THE CIRCUIT COURT OF [__] COUNTY, ALABAMA

[PLAINTIFF FULL LEGAL NAME],
  Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
  Defendant.

Civil Action No.: _______

COMPLAINT
(PERSONAL INJURY – PREMISES LIABILITY
“SLIP-AND-FALL”)

[// GUIDANCE: This template complies with the Alabama Rules of Civil Procedure (“Ala. R. Civ. P.”), relevant Alabama premises-liability standards, and the two-year statute of limitations set forth in ALA. CODE § 6-2-38(l). Customize bracketed fields and factual allegations to fit the specific matter. Remove all guidance before filing.]

TABLE OF CONTENTS

1. Defined Terms............................................¶ 1–3
2. Parties..................................................¶ 4–6
3. Jurisdiction and Venue...................................¶ 7–9
4. Factual Allegations......................................¶ 10–24
5. Count I – Negligence (Premises Liability)................¶ 25–34
6. Count II – Wantonness (Optional).........................¶ 35–40
7. Damages..................................................¶ 41–45
8. Prayer for Relief........................................¶ 46
9. Jury Demand..............................................¶ 47
10. Reservation of Rights...................................¶ 48
11. Verification / Rule 11 Certification....................¶ 49
12. Signature Block.........................................¶ 50

I. DEFINED TERMS

1. “Plaintiff” means [Plaintiff Full Legal Name].
2. “Defendant” means [Defendant Full Legal Name], the premises owner/operator.
3. “Premises” means the real property located at [Street Address, City, Alabama ZIP] (the “Property”) where the Incident occurred on [Date] (the “Incident”).

II. PARTIES

4. Plaintiff is an individual resident of [County] County, Alabama, over nineteen (19) years of age.
5. Defendant is a [legal entity type] organized under the laws of [State], authorized to do business in Alabama, and may be served through its registered agent: [Agent Name & Address].
6. At all relevant times, Defendant owned, controlled, managed, and/or maintained the Premises.

III. JURISDICTION AND VENUE

7. This Court has subject-matter jurisdiction pursuant to Ala. Const. art. VI and Ala. Code §§ 12-11-30 et seq. because the amount in controversy exceeds the minimum jurisdictional limits of this Court.
8. Personal jurisdiction exists because Defendant transacts business in Alabama and the causes of action arose within this State.
9. Venue is proper in this County under Ala. Code § 6-3-2(a) because Defendant’s principal place of business is located here and/or the tortious conduct occurred here.

IV. FACTUAL ALLEGATIONS

10. On [Date], Plaintiff lawfully entered the Premises as a [business invitee/licensee].
11. While traversing [location within Premises, e.g., “the main foyer”], Plaintiff encountered [describe foreign substance/defect, e.g., “an accumulation of clear liquid”] (the “Hazard”).
12. The Hazard was not open and obvious to Plaintiff.
13. Defendant, by and through its agents and employees, had actual or constructive notice of the Hazard because:
      a. The Hazard had existed for a sufficient period that Defendant should have discovered it through reasonable inspection; and/or
      b. Defendant created the Hazard through its own acts or omissions.
14. Defendant failed to remedy, warn of, or properly maintain the Hazard.
15. Plaintiff, exercising reasonable care for her own safety, slipped on the Hazard, fell to the floor, and sustained serious bodily injuries, including but not limited to [list injuries].
16. Emergency medical services transported Plaintiff to [Hospital], where she was diagnosed with [diagnoses] and underwent [procedures].
17. Plaintiff continues to experience pain, physical limitation, emotional distress, and economic loss.
18. Defendant owed Plaintiff a duty to keep the Premises in a reasonably safe condition and to either correct or warn of dangerous conditions of which it knew or should have known.
19. Defendant breached that duty as described herein.
20. Defendant’s breach proximately caused Plaintiff’s injuries and damages.
21. Plaintiff did not contribute to the Incident and exercised due care at all times.
22. No third party is responsible for Plaintiff’s injuries; alternatively, any responsibility of third parties is minimal in comparison to Defendant’s liability.
23. Plaintiff has complied with all applicable statutory pre-suit requirements, if any.
24. Plaintiff files this action within two (2) years of the Incident, satisfying ALA. CODE § 6-2-38(l).

V. COUNT I – NEGLIGENCE (PREMISES LIABILITY)

25. Plaintiff realleges and incorporates ¶¶ 1–24.
26. Defendant owed Plaintiff the duties set forth in Ala. law governing premises liability, including a duty of reasonable care to maintain the Premises and to warn of or eliminate hazards.
27. Defendant breached these duties by:
      a. Failing to adopt and enforce reasonable inspection protocols;
      b. Permitting the Hazard to exist;
      c. Failing to timely remove or remediate the Hazard; and
      d. Failing to warn Plaintiff of the Hazard.
28. Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries.
29. As a result, Plaintiff suffered physical injury, pain, mental anguish, lost wages, medical expenses, and other damages to be proven at trial.
30. Alabama recognizes pure contributory negligence as a complete defense; Plaintiff specifically pleads that she was free from any negligence contributing to the Incident.
31. Alternatively, should the trier of fact find Plaintiff contributorily negligent, Plaintiff asserts and preserves all constitutional and statutory challenges to the contributory negligence bar.
32. Defendant is liable for all recoverable compensatory damages under Alabama law.
33. Defendant’s conduct constitutes wanton disregard for the safety of invitees, entitling Plaintiff to punitive damages within the caps of ALA. CODE § 6-11-21.
34. WHEREFORE, Plaintiff demands judgment as set forth in the Prayer for Relief.

VI. COUNT II – WANTONNESS (OPTIONAL)

35. Plaintiff realleges and incorporates ¶¶ 1–34.
36. Defendant, with conscious disregard of the rights and safety of invitees, consciously failed to remedy or warn of the Hazard despite knowledge of its danger.
37. Such wanton conduct entitles Plaintiff to punitive damages under Alabama law.
38. Plaintiff seeks punitive damages not to exceed the statutory cap contained in ALA. CODE § 6-11-21.
39. Plaintiff reserves the right to amend this Count as discovery warrants.
40. WHEREFORE, Plaintiff demands judgment as set forth in the Prayer for Relief.

VII. DAMAGES

41. Past medical expenses: $[__] (to be supplemented).
42. Future medical expenses: $[__].
43. Lost wages and loss of future earning capacity: $[__].
44. Non-economic damages (pain, suffering, mental anguish): According to proof.
45. Punitive damages (as pled above): Subject to statutory caps.

VIII. PRAYER FOR RELIEF

46. Plaintiff respectfully requests that the Court enter judgment in her favor and against Defendant for:
      a. Compensatory damages in an amount to be determined by a jury;
      b. Punitive damages as allowed by law;
      c. Pre- and post-judgment interest;
      d. Costs of court, including reasonable attorneys’ fees where permissible; and
      e. Such other and further relief the Court deems just and proper.

IX. JURY DEMAND

47. Pursuant to Ala. R. Civ. P. 38, Plaintiff demands trial by struck jury on all triable issues.

X. RESERVATION OF RIGHTS

48. Plaintiff reserves the right to amend this Complaint under Ala. R. Civ. P. 15 as justice requires.

XI. VERIFICATION / RULE 11 CERTIFICATION

49. The undersigned counsel certifies that, after reasonable inquiry, the allegations and contentions herein have evidentiary support and are not interposed for any improper purpose, in compliance with Ala. R. Civ. P. 11.
    [// GUIDANCE: Add notarized plaintiff verification if desired or required for specific claims.]

XII. SIGNATURE BLOCK

50. Respectfully submitted,

[ATTORNEY NAME] (ASB-[__])
[Law Firm Name]
[Street Address]
[City], Alabama [ZIP]
Telephone: [--]
Email: [[email protected]]
Counsel for Plaintiff

CERTIFICATE OF SERVICE

I certify that I have served a copy of the foregoing on counsel for Defendant by [method, e.g., “Alafile electronic filing system” or “U.S. Mail”] on this the ___ day of ____, 20__.

[ATTORNEY NAME]

END OF COMPLAINT TEMPLATE