Personal Injury Complaint - Slip and Fall

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY]

____________________________________
[PLAINTIFF FULL LEGAL NAME],
an individual,
Plaintiff,

v.

[DEFENDANT LEGAL NAME(S)],
[an individual / an Arizona corporation / a foreign corporation authorized to do business in Arizona],
Defendant(s).
____________________________________

Case No.: _______________
COMPLAINT FOR PERSONAL INJURIES (SLIP-AND-FALL / PREMISES LIABILITY)
JURY TRIAL DEMANDED
(Assigned to the Hon. ______________)

TABLE OF CONTENTS

1. Preliminary Statement
2. Jurisdiction, Venue, and Amount in Controversy
3. Parties
4. Factual Allegations
5. First Cause of Action – Negligence (Premises Liability)
6. Comparative Fault Allegations
7. Damages
8. Reservation of Right to Amend
9. Prayer for Relief
10. Jury Demand
11. Certification of Compulsory Arbitration
12. Verification (optional/if required)
13. Certificate of Service

1. PRELIMINARY STATEMENT

1.1 Plaintiff brings this civil action for personal injuries sustained on or about [DATE] when Plaintiff slipped, fell, and was injured on Defendant’s premises located at [PROPERTY ADDRESS] in [CITY], Arizona.

1.2 Plaintiff seeks compensatory damages in an amount to be proven at trial, together with costs, pre- and post-judgment interest, and such other relief as this Court deems just and proper.

2. JURISDICTION, VENUE, AND AMOUNT IN CONTROVERSY

2.1 Jurisdiction is proper under A.R.S. §§ 12-123 et seq. and the Arizona Constitution because the amount in controversy exceeds the minimum jurisdictional limits of this Court.

2.2 Venue is proper in this County pursuant to A.R.S. § 12-401 because the events giving rise to the claims occurred in this County and/or one or more Defendant(s) reside, are found, or conduct business here.

2.3 The amount sought exceeds the limits for compulsory arbitration established by Arizona Rule of Civil Procedure (“Ariz. R. Civ. P.”) 72(c) and local superior-court rules, unless otherwise stated in Section 11 below.

3. PARTIES

3.1 Plaintiff [PLAINTIFF NAME] is, and at all relevant times was, a resident of [COUNTY] County, Arizona.

3.2 Defendant [DEFENDANT NAME] is [an individual residing at / a corporation with its principal place of business at] [ADDRESS].
a) At all relevant times, Defendant owned, leased, operated, possessed, managed, maintained, and/or controlled the premises located at [PROPERTY ADDRESS] (“Premises”).
b) Defendant may be served with process at [SERVICE ADDRESS].

4. FACTUAL ALLEGATIONS

4.1 On or about [DATE/TIME], Plaintiff lawfully entered the Premises as a(n) [business invitee / guest / tenant / customer].

4.2 While walking in/on [specific location, e.g., “the main lobby near the south entrance”], Plaintiff encountered a dangerous condition, namely [wet floor / spilled liquid / uneven surface / foreign substance] (“Hazard”).

4.3 The Hazard was not open and obvious to Plaintiff; Defendant either:
a) created the Hazard; and/or
b) had actual knowledge of the Hazard; and/or
c) had constructive knowledge by virtue of the Hazard’s existence for a sufficient time that Defendant, exercising reasonable care, should have discovered and remedied it.

4.4 Defendant failed to warn of, inspect for, and/or remediate the Hazard, thereby breaching its duty to maintain the Premises in a reasonably safe condition for invitees.

4.5 As a direct and proximate result of the slip-and-fall, Plaintiff sustained serious bodily injuries, including but not limited to [list injuries], causing pain, suffering, medical expenses, lost earnings, loss of enjoyment of life, and other damages.

5. FIRST CAUSE OF ACTION – NEGLIGENCE (PREMISES LIABILITY)

5.1 Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.

5.2 Defendant owed Plaintiff, a business invitee, a duty to exercise reasonable care to keep the Premises in a reasonably safe condition, including the duties to inspect for, discover, correct, and warn of unreasonably dangerous conditions.

5.3 Defendant breached its duty of care by, inter alia:
a) Allowing the Hazard to exist;
b) Failing to timely inspect, clean, repair, or make safe the Hazard;
c) Failing to provide adequate warnings or barricades; and
d) Violating applicable codes, regulations, or internal safety policies.

5.4 Defendant’s breaches were the direct and proximate cause of Plaintiff’s injuries and damages.

6. COMPARATIVE FAULT ALLEGATIONS

6.1 Pursuant to Arizona’s pure comparative fault statute, A.R.S. § 12-2505, Plaintiff’s recovery shall be reduced, if at all, only by the percentage of fault, if any, attributed to Plaintiff by the trier of fact.

6.2 Plaintiff denies any fault and affirmatively alleges that Defendant’s negligence was the sole producing cause of Plaintiff’s injuries and damages.

7. DAMAGES

7.1 Economic Damages: past and future medical expenses, lost wages, loss of earning capacity, out-of-pocket costs, and other special damages.

7.2 Non-Economic Damages: past and future pain, suffering, inconvenience, emotional distress, loss of enjoyment of life, and other general damages.

7.3 Collateral Source Rule: Plaintiff pleads the full amount of damages unreduced by benefits from collateral sources.

7.4 Pre- and Post-Judgment Interest: sought at the statutory rate from the date of judgment until paid in full.

7.5 Costs: recoverable pursuant to A.R.S. § 12-341.

8. RESERVATION OF RIGHT TO AMEND

Plaintiff reserves the right to amend this Complaint to add claims, parties, and supporting facts as permitted by the Arizona Rules of Civil Procedure and the interests of justice.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant(s) as follows:

a) For general and special damages in an amount to be proven at trial;
b) For costs incurred herein;
c) For pre- and post-judgment interest as allowed by law;
d) For such other and further relief as the Court deems just and proper.

10. JURY DEMAND

Pursuant to Ariz. R. Civ. P. 38(b), Plaintiff hereby demands a trial by jury on all issues so triable.

11. CERTIFICATION OF COMPULSORY ARBITRATION

☐ This case is subject to compulsory arbitration because the amount in controversy does not exceed the jurisdictional limit set by local rule.
☐ This case is not subject to compulsory arbitration because the amount in controversy exceeds the jurisdictional limit set by local rule.

DATED this ___ day of [MONTH], 20___.

Respectfully submitted,

_______________________________
[ATTORNEY NAME], Esq.
[State Bar No. _____]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff

12. VERIFICATION (optional)

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

_______________________________
[PLAINTIFF NAME]
Date: ___________________

13. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of [MONTH], 20___, I caused the foregoing Complaint to be served on all counsel of record and unrepresented parties via [e-file/hand-delivery/first-class mail] as follows:

[List names and addresses]

_______________________________
[ATTORNEY NAME]

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