VERIFIED COMPLAINT
(Personal Injury – Premises Liability / Slip-and-Fall)
IN THE CIRCUIT COURT OF [COUNTY] , ARKANSAS
[PLAINTIFF NAME],
Plaintiff,
v. Case No. _____
[DEFENDANT NAME],
Defendant.
TABLE OF CONTENTS
- Parties ............................................................................................ 2
- Jurisdiction & Venue ................................................................ 2
- Facts Common to All Counts ................................................ 3
- Cause of Action – Negligence (Premises Liability) ............. 5
- Damages ..................................................................................... 7
- Demand for Jury Trial ............................................................ 8
- Prayer for Relief ........................................................................ 8
- Reservation of Rights & Notice of Comparative Fault ...... 9
- Certification & Signature (Ark. R. Civ. P. 11) ......................... 9
- Verification .............................................................................. 10
- Certificate of Service ............................................................. 11
[// GUIDANCE: Delete Table of Contents before filing if local rules prohibit.]
1. PARTIES
1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an adult resident of [County], Arkansas, residing at [Address].
1.2 Defendant [DEFENDANT NAME] (“Defendant”) is a [type of entity or individual] that owns, operates, manages, and/or controls the premises located at [Premises Address] (“Premises”), and may be served through [Registered Agent / Service Address].
2. JURISDICTION & VENUE
2.1 This Court has subject-matter jurisdiction under Ark. Const. art. 7, § 11 and Ark. Code Ann. § 16-13-201 because the amount in controversy exceeds the minimum jurisdictional limit of this Court and involves claims for personal injuries.
2.2 Venue is proper in [County] pursuant to Ark. Code Ann. § 16-60-101 because the events giving rise to this action occurred in this County and Defendant resides and/or conducts business here.
2.3 This action is timely filed within the three-year statute of limitations for personal injury actions. Ark. Code Ann. § 16-56-105.
3. FACTS COMMON TO ALL COUNTS
3.1 On [Incident Date] at approximately [Time], Plaintiff lawfully entered the Premises as an invitee for the purpose of [describe purpose, e.g., shopping, visiting, etc.].
3.2 At or near [specific location, e.g., “the main entry foyer”], an unreasonably dangerous condition existed, to wit: [describe hazard – e.g., pooled liquid, uneven flooring, loose carpeting, snow/ice accumulation] (“Hazardous Condition”).
3.3 The Hazardous Condition was not open and obvious to Plaintiff and was not marked by warning signs, barricades, or verbal notice.
3.4 Defendant, by and through its employees and agents, (a) created the Hazardous Condition and/or (b) had actual knowledge thereof and/or (c) had constructive knowledge because the condition existed for a sufficient period that Defendant, in the exercise of ordinary care, should have discovered and remedied it.
3.5 While exercising ordinary care for Plaintiff’s own safety, Plaintiff slipped/tripped on the Hazardous Condition and fell, sustaining bodily injuries including but not limited to [list injuries].
3.6 As a direct and proximate result of Defendant’s negligence, Plaintiff has incurred and will continue to incur medical expenses, lost wages, pain and suffering, mental anguish, permanent impairment, and other damages.
[// GUIDANCE: Attach medical bills, wage statements, and photographs as exhibits if available.]
4. CAUSE OF ACTION – NEGLIGENCE (PREMISES LIABILITY)
4.1 Plaintiff realleges paragraphs 1–3 as if set forth fully herein.
4.2 Duty. Defendant owed Plaintiff, an invitee, a duty to exercise ordinary care to maintain the Premises in a reasonably safe condition and to either remedy or warn of dangers of which Defendant knew or should have known.
4.3 Breach. Defendant breached that duty by:
a. Failing to inspect and maintain the Premises in a reasonably safe condition;
b. Failing to timely remove or correct the Hazardous Condition;
c. Failing to place adequate warnings or barriers around the Hazardous Condition;
d. Creating or allowing creation of the Hazardous Condition; and
e. Otherwise failing to exercise ordinary care under the circumstances.
4.4 Causation. Defendant’s breaches were the direct and proximate cause of Plaintiff’s fall and resulting injuries.
4.5 Damages. Plaintiff suffered damages in an amount to be proven at trial.
5. DAMAGES
5.1 Past Medical Expenses: $ [_]
5.2 Future Medical Expenses: $ [_]
5.3 Past Lost Wages: $ [_]
5.4 Future Loss of Earning Capacity: $ [_]
5.5 Pain and Suffering (past & future): To be determined by the jury
5.6 Mental Anguish & Emotional Distress: To be determined by the jury
5.7 Permanent Impairment/Disability: To be determined by the jury
5.8 Pre- and Post-Judgment Interest, Costs, and any other relief the Court deems just and proper.
[// GUIDANCE: Insert a specific monetary amount if required for statement of damages under local rules; otherwise “exceeds minimum jurisdictional limits.”]
6. DEMAND FOR JURY TRIAL
Pursuant to Ark. R. Civ. P. 38 and Article 2, § 7 of the Arkansas Constitution, Plaintiff hereby demands a trial by jury on all issues so triable.
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:
a. Awarding compensatory damages in an amount to be determined by the jury;
b. Awarding costs as allowed by law;
c. Awarding pre- and post-judgment interest;
d. Granting such other and further relief, at law or in equity, as the Court deems just and proper.
8. RESERVATION OF RIGHTS & NOTICE OF COMPARATIVE FAULT
Plaintiff acknowledges Arkansas’s modified comparative-fault regime, Ark. Code Ann. § 16-64-122, and denies any contributory negligence. Plaintiff reserves the right to amend this Complaint to add additional parties or theories of liability as discovery may warrant.
9. CERTIFICATION & SIGNATURE (Ark. R. Civ. P. 11)
I certify that, after reasonable inquiry, to the best of my knowledge, information, and belief formed after reasonable investigation, the matters set forth in this pleading are well-grounded in fact and are warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose.
Respectfully submitted,
[ATTORNEY NAME], Bar No. [__]
[Law Firm Name]
[Address]
[Phone] | [Email]
Counsel for Plaintiff
10. VERIFICATION
STATE OF ARKANSAS )
) ss.
COUNTY OF ____)
I, [Plaintiff Name], being first duly sworn, state that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
[PLAINTIFF NAME]
Subscribed and sworn to before me this _ day of _, 20__.
Notary Public
My Commission Expires: _______
[// GUIDANCE: Omit verification if filing unverified pleading; check local rule preferences.]
11. CERTIFICATE OF SERVICE
I hereby certify that on this _ day of _, 20__, a true and correct copy of the foregoing Complaint was served upon:
[Defendant’s counsel / Registered Agent name & address]
by ☐ hand-delivery ☐ first-class mail ☐ certified mail ☐ electronic service under Ark. Sup. Ct. Administrative Order 21 e-Filing system.
[ATTORNEY NAME]
[// GUIDANCE:
1. Confirm local circuit-court cover-sheet requirements.
2. Insert medical expenses, wage loss, and impairment ratings as they become available.
3. Consider sending spoliation letter to Defendant demanding preservation of surveillance footage and incident reports.
4. Review any pre-suit notice requirements if Defendant is a governmental entity (Ark. Code Ann. § 19-10-204).
5. Retain slip-resistance expert if condition complexity warrants.]