TEMPLATE — PERSONAL INJURY COMPLAINT
Slip-and-Fall / Premises Liability (Delaware)
[// GUIDANCE: This template is drafted for use in the Delaware Superior Court (unlimited civil jurisdiction) but may be adapted for the Court of Common Pleas if damages are ≤ $50,000. Replace all bracketed text before filing. Double-check county-specific rules, service requirements, and any municipal notice statutes if a public entity is named.]
TABLE OF CONTENTS
- Caption & Document Header
- Parties
- Jurisdiction, Venue & Statutory Compliance
- Factual Allegations
- Count I — Negligence (Premises Liability)
- Comparative Fault Allegations
- Damages
- Prayer for Relief
- Demand for Jury Trial
- Attorney Certification (Super. Ct. Civ. R. 11)
- Verification (Optional for Unrepresented Plaintiff)
- Reservation of Rights
- Certificate of Service
1. CAPTION & DOCUMENT HEADER
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [__] COUNTY
[PLAINTIFF FULL LEGAL NAME], )
)
Plaintiff, )
) C.A. No. ____
v. )
)
[DEFENDANT LEGAL NAME], )
[a Delaware corporation/foreign entity/ ]
individual], )
)
Defendant. )
COMPLAINT
(Personal Injury — Slip and Fall; Jury Trial Demanded)
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”).
[// GUIDANCE: Add additional defendants or fictitious names as necessary under Super. Ct. Civ. R. 9(h).]
3. JURISDICTION, VENUE & STATUTORY COMPLIANCE
3.1 Subject-Matter Jurisdiction. This Court has jurisdiction under Del. Const. art. IV § 7 and 10 Del. C. § 541 because the amount in controversy exceeds the jurisdictional minimum and involves claims under Delaware law.
3.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Delaware because it …
3.3 Venue. Venue is proper in [COUNTY] County pursuant to 10 Del. C. § 4522 because the cause of action arose in this county.
3.4 Conditions Precedent. Plaintiff has satisfied all pre-suit notice requirements, including any applicable municipal notice under 10 Del. C. § 4013 [or state “not applicable”].
4. FACTUAL ALLEGATIONS
4.1 On [DATE], Plaintiff lawfully entered the Premises as a [BUSINESS INVITEE/LICENSEE].
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 safe condition and to warn of latent hazards.
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 less than fifty-one percent (51 %), 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.
[// GUIDANCE: Delaware has no statutory cap on personal-injury compensatory damages in private actions; punitive damages require separate pleading and proof of willful or wanton misconduct.]
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. Any equitable or injunctive relief the Court deems appropriate; and
4. 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 triable issues.
10. ATTORNEY CERTIFICATION (Super. Ct. Civ. R. 11)
I certify that to the best of my knowledge, information, and belief, formed after reasonable inquiry, this pleading is well-grounded in fact and warranted by existing law or a good-faith argument for its extension, modification, or reversal, and is not interposed for any improper purpose.
/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 reserves the right to amend this Complaint to assert additional claims or to join additional parties as discovery warrants.
13. CERTIFICATE OF SERVICE
I hereby certify that on [DATE], a true and correct copy of the foregoing Complaint was served upon the below-listed counsel/party by [METHOD OF SERVICE compliant with Super. Ct. Civ. R. 5].
/s/ [ATTORNEY NAME]
[// GUIDANCE:
1. File a Praecipe along with the Complaint to initiate issuance of Summons.
2. Attach any mandatory Case Information Sheet.
3. Consider early settlement/arbitration under Superior Court Rule 16.1 if damages are ≤ $100,000.
4. Calendar the statute-of-limitations deadline (generally two years for personal injury, 10 Del. C. § 8119) and any municipal notice deadlines.
]