Personal Injury Complaint - Slip and Fall - Delaware

Before filing: Under Del. Super. Ct. Civ. R. 3(a), file this complaint with a praecipe for issuance of process and the current Superior Court Civil Case Information Statement (CIS) on the court's form.

TEMPLATE — PERSONAL INJURY COMPLAINT

Slip-and-Fall / Premises Liability (Delaware)

TABLE OF CONTENTS

1. Caption & Document Header
2. Parties
3. Jurisdiction, Venue & Statutory Compliance
4. Factual Allegations
5. Count I — Negligence (Premises Liability)
6. Comparative Fault Allegations
7. Damages
8. Prayer for Relief
9. Demand for Jury Trial
10. Attorney Certification (Super. Ct. Civ. R. 11)
11. Verification (Optional for Unrepresented Plaintiff)
12. Reservation of Rights
13. Initial Service Record

1. CAPTION & DOCUMENT HEADER

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE, [___] COUNTY

JURY TRIAL DEMANDED ☐ Jury of 12 demanded

COMPLAINT
(Personal Injury — Slip and Fall)

Effective Filing Date: __[DATE]__
Governing Law: Delaware premises-liability common law and related statutes, including 10 Del. C. § 8132 (comparative negligence).

2. PARTIES

2.1 Plaintiff. __[PLAINTIFF]__ (“Plaintiff”) is an individual residing at __[ADDRESS, COUNTY, STATE]__.
2.2 Defendant. __[DEFENDANT]__ (“Defendant”) is __[ENTITY TYPE]__ with its principal place of business at __[ADDRESS]__, authorized to do business in Delaware at all relevant times.
2.3 Premises. The incident occurred on or about __[DATE]__ at Defendant’s premises located at __[PREMISES ADDRESS]__ (the “Premises”).

3. JURISDICTION, VENUE & STATUTORY COMPLIANCE

3.1 Subject-Matter Jurisdiction. This pleading selects the Superior Court under Del. Const. art. IV, § 7, 10 Del. C. § 541, and [OTHER CLAIM- OR COURT-SPECIFIC AUTHORITY] because [FACTS ESTABLISHING JURISDICTION]. Section 541 itself does not supply an amount threshold or generic Delaware-law-claim grant.
3.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Delaware because __[SPECIFIC DELAWARE CONTACTS AND APPLICABLE JURISDICTIONAL BASIS]__.
3.3 Venue. Plaintiff files in __[COUNTY]__ County because __[FACTS SUPPORTING THAT FORUM]__. Defendant may raise improper venue under Del. Super. Ct. Civ. R. 12(b)(3), subject to waiver under Rule 12(h)(1).
3.4 Government Defendant, if any. __[If Defendant is a county, municipality, or other entity covered by 10 Del. C. §§ 4010–4013, identify an applicable exception to immunity under § 4012 and any notice ordinance enacted under § 4013(c), with facts of compliance. Section 4013(c) does not itself impose a statewide notice requirement. If Defendant is private, state "not applicable — Defendant is not a governmental entity."]__

4. FACTUAL ALLEGATIONS

4.1 On __[DATE]__, Plaintiff lawfully entered the Premises as a __[BUSINESS INVITEE — STATE FACTS SUPPORTING STATUS]__. If the plaintiff had a different status, revise the duty allegations and authority accordingly.
4.2 At approximately __[TIME]__, Plaintiff slipped and fell on __[DESCRIBE HAZARDOUS CONDITION — e.g., liquid accumulation, debris, uneven flooring]__.
4.3 The hazardous condition existed for a period sufficient to provide Defendant with actual or constructive notice in that …
4.4 Defendant failed to:
 (a) Inspect and maintain the area in a reasonably safe condition;
 (b) Warn invitees of the hazardous condition; and
 (c) Remediate the hazard in a timely manner.
4.5 As a direct and proximate result, Plaintiff sustained bodily injuries, including but not limited to __[LIST INJURIES]__, incurring medical expenses, lost wages, and pain and suffering.

5. COUNT I — NEGLIGENCE (PREMISES LIABILITY)

5.1 Duty. Defendant owed Plaintiff, a business invitee, a duty of reasonable care to keep the Premises in a reasonably safe condition. Defendant knew or, through reasonable inspection, should have known of the unsafe condition. Donovan v. Wawa, Inc., C.A. No. N16C-05-068 CLS (Del. Super. Oct. 17, 2017).
5.2 Breach. Defendant breached that duty by the acts and omissions described in ¶¶ 4.1–4.4.
5.3 Causation. Defendant’s breach was the factual and legal cause of Plaintiff’s injuries.
5.4 Damages. Plaintiff has suffered the harms set forth in § 7, incorporated herein.

WHEREFORE, Plaintiff demands judgment against Defendant as detailed in the Prayer for Relief.

6. COMPARATIVE FAULT ALLEGATIONS

6.1 Plaintiff asserts that any negligence attributable to Plaintiff, if proven, is not greater than the negligence of Defendant (or the combined negligence of all defendants against whom recovery is sought), such that recovery is not barred under 10 Del. C. § 8132.
6.2 Plaintiff’s damages should be reduced only by the proportion, if any, of comparative negligence determined by the trier of fact.

7. DAMAGES

Plaintiff seeks all damages permissible under Delaware law, including:
(a) Past and future medical expenses: $ [____________]
(b) Past and future lost wages/earning capacity: $ [____________]
(c) Pain, suffering, emotional distress: $ [____________]
(d) Permanent impairment or disfigurement: $ [____________]
(e) Pre- and post-judgment interest as allowed by law
(f) Costs of suit and such further relief as the Court deems just.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in Plaintiff’s favor and against Defendant for:

1. Compensatory damages in an amount to be determined at trial;
2. Interest, costs, and fees as permitted by law;
3. Such other and further relief as justice requires.

9. DEMAND FOR JURY TRIAL

Pursuant to Del. Const. art. I § 4 and Superior Court Civil Rule 38, Plaintiff hereby demands a trial by jury on all issues triable of right by a jury. If a 12-person jury is sought, check the demand on the first page immediately after the caption; Rule 38(d) otherwise treats the demand as one for a six-person jury.

10. ATTORNEY CERTIFICATION (Super. Ct. Civ. R. 11)

By signing and filing, I certify under Superior Court Civil Rule 11(b), after inquiry reasonable under the circumstances, that this pleading is not presented for an improper purpose; its legal contentions are warranted by existing law or a nonfrivolous argument for change; and its factual allegations have evidentiary support or are specifically identified as likely to have support after reasonable investigation or discovery.

__/s/ [ATTORNEY NAME]__
[ATTORNEY NAME] (DE Bar # ____)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff

11. VERIFICATION (if required)

I, __[PLAINTIFF]__, verify that the allegations set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.

_________________________
[PLAINTIFF NAME]
Date: _____________

12. RESERVATION OF RIGHTS

Plaintiff may seek amendment to assert additional claims or join parties subject to Superior Court Civil Rule 15 and other applicable law.

13. INITIAL SERVICE RECORD (COMPLETE AFTER SERVICE)

I hereby certify that on __[DATE]__, the summons and Complaint were served upon __[DEFENDANT]__ by __[METHOD OF SERVICE compliant with Superior Court Civil Rule 4]__. Complete this record only after service, and retain or file the return as required by the court.

For later papers after the initial complaint, use Rule 5 as applicable.

Filing check: Personal-injury actions are generally subject to the two-year period in 10 Del. C. § 8119, expressly subject to § 8127. Check the injury date, claim classification, tolling, and any special defendant rule before filing.

__/s/ [ATTORNEY NAME]__