Personal Injury Complaint - Slip and Fall

DISTRICT COURT, COUNTY OF [COUNTY], STATE OF COLORADO

Court Address: [COURT STREET ADDRESS, CITY, CO ZIP]

Plaintiff: [PLAINTIFF FULL LEGAL NAME], an individual
v.
Defendant: [DEFENDANT FULL LEGAL NAME], a [corporation/LLC/individual]

Attorney for Plaintiff:
[ATTORNEY NAME], Reg. No. [BAR #]
[LAW FIRM NAME]
[FIRM STREET ADDRESS]
[PHONE] | [EMAIL]

Court Use Only

Case No. _______
Division ____ | Courtroom ____

COMPLAINT AND JURY DEMAND

(Premises Liability – Slip and Fall)

TABLE OF CONTENTS

1. Parties ............................................................................. 1
2. Jurisdiction and Venue ................................................... 1
3. Definitions ........................................................................ 2
4. General Allegations ........................................................ 3
5. First Claim for Relief – Premises Liability (C.R.S. § 13-21-115) ....... 5
6. Comparative Fault Allegations (C.R.S. § 13-21-111) ..................... 6
7. Damages ......................................................................... 7
8. Conditions Precedent / Statutory Notice ................................ 8
9. Prayer for Relief ............................................................. 8
10. Jury Demand .................................................................. 9
11. Certification of Compliance with C.R.C.P. 11 ......................... 9
12. Verification ...................................................................... 10

1. PARTIES

1.1 Plaintiff [PLAINTIFF] is a resident of the State of Colorado, domiciled at [PLAINTIFF STREET ADDRESS, CITY, CO ZIP].
1.2 Defendant [DEFENDANT] is a [type of legal entity/individual] with its principal place of business/residence at [DEFENDANT ADDRESS].
1.3 At all times relevant, Defendant owned, leased, occupied, possessed, and/or controlled the real property commonly known as [PROPERTY NAME OR ADDRESS] (the “Subject Premises”).

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction under Colo. Const. art. VI, § 9 and C.R.S. § 13-1-124 because the claims arise under Colorado’s Premises Liability Act.
2.2 Personal jurisdiction is proper because Defendant resides in, conducts business in, and/or committed the acts and omissions complained of within Colorado.
2.3 Venue is proper in this County pursuant to C.R.C.P. 98 because the cause of action arose in this County, the Subject Premises are located here, and Defendant may be served here.

3. DEFINITIONS

For ease of reference, the following capitalized terms have the meanings below:
“Act” – Colorado Premises Liability Act, C.R.S. § 13-21-115.
“Incident” – The slip-and-fall event that occurred on or about [DATE] at the Subject Premises.
“Plaintiff” – [PLAINTIFF NAME], individually and collectively.
“Premises Owner/Controller” – Defendant, together with its agents, servants, and employees.
“Subject Premises” – The real property located at [PROPERTY ADDRESS] where the Incident occurred.

4. GENERAL ALLEGATIONS

4.1 On [DATE] at approximately [TIME], Plaintiff lawfully entered the Subject Premises as a(n) [invitee/licensee/statutory status].
4.2 A [describe dangerous condition, e.g., “wet and unmarked tile floor”] existed in the [location, e.g., “main foyer”].
4.3 Defendant knew or, in the exercise of reasonable care, should have known of the dangerous condition because:
 a. [Example: Employees had repeatedly mopped the area without signage];
 b. [Example: Prior incidents or complaints]; and/or
 c. [Example: Surveillance footage shows condition existed for an extended period].
4.4 Defendant failed to exercise reasonable care to protect against the danger presented by the condition, including failure to:
 a. Inspect;
 b. Maintain;
 c. Warn; and
 d. Remedy the hazardous condition.
4.5 As a direct and proximate result of Defendant’s acts and omissions, Plaintiff slipped, fell, and suffered severe bodily injuries, including but not limited to [list injuries].
4.6 Plaintiff incurred and continues to incur medical expenses, lost wages, out-of-pocket costs, pain and suffering, physical impairment, and other damages as more fully set forth below.

5. FIRST CLAIM FOR RELIEF – PREMISES LIABILITY

(Pursuant to C.R.S. § 13-21-115)
5.1 Plaintiff incorporates by reference §§ 1–4 as though fully set forth herein.
5.2 At the time of the Incident, Plaintiff was a(n) [“invitee,” “licensee,” or “trespasser”] within the meaning of the Act.
5.3 Defendant owed Plaintiff the corresponding duty of care under the Act.
5.4 Defendant breached that duty by failing to exercise reasonable care to protect Plaintiff against dangers of which Defendant actually knew or should have known.
5.5 Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and damages.
5.6 Therefore, Plaintiff is entitled to recover compensatory damages in an amount to be proven at trial.

6. COMPARATIVE FAULT ALLEGATIONS

(Notice under C.R.S. § 13-21-111)
6.1 Pursuant to Colorado’s comparative fault statute, Plaintiff affirmatively alleges that any negligence attributed to Plaintiff, if any, was less than the negligence of Defendant.
6.2 Plaintiff reserves the right to amend these allegations should additional responsible persons or entities be identified.

7. DAMAGES

7.1 Economic Damages: past and future medical expenses, lost wages, loss of earning capacity, and other out-of-pocket losses presently estimated at $[AMOUNT].
7.2 Non-Economic Damages: past and future pain and suffering, inconvenience, emotional distress, and impairment of quality of life in an amount to be determined by the trier of fact subject to any applicable statutory caps.
7.3 Physical Impairment and Disfigurement: to be determined at trial.
7.4 Interest: statutory pre- and post-judgment interest as allowed.
7.5 Costs: taxable litigation costs pursuant to C.R.C.P. 54(d) and applicable statutes.

8. CONDITIONS PRECEDENT / STATUTORY NOTICE

8.1 All conditions precedent to the filing of this action have been performed, have occurred, or have been waived.
8.2 [IF DEFENDANT IS A PUBLIC ENTITY] Plaintiff provided written notice in conformity with C.R.S. § 24-10-109 within 182 days of the Incident.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests entry of judgment in his/her favor and against Defendant as follows:
a. Economic damages in an amount to be determined at trial;
b. Non-economic damages as allowed;
c. Damages for physical impairment and disfigurement;
d. Pre- and post-judgment interest;
e. Costs, including expert witness fees as permitted;
f. Such other and further relief—including limited injunctive relief to abate the hazardous condition—as the Court deems just and proper.

10. JURY DEMAND

Pursuant to Colo. Const. art. II, § 23 and C.R.C.P. 38, Plaintiff demands a trial by jury of six (6) persons and submits the requisite jury fee contemporaneously herewith.

11. CERTIFICATION OF COMPLIANCE WITH C.R.C.P. 11

The undersigned counsel hereby certifies that he/she has read the foregoing pleading; that to the best of his/her knowledge, information, and belief formed after reasonable inquiry it is well-grounded in fact and is 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 this ___ day of [MONTH], [YEAR].

_____________________________
[ATTORNEY NAME], Reg. No. [BAR #]
Attorney for Plaintiff

12. VERIFICATION

STATE OF COLORADO )
) ss.
COUNTY OF [COUNTY] )

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I have read the foregoing Complaint and that the facts contained 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 [MONTH], [YEAR].

_____________________________
Notary Public
My commission expires: __________