Personal Injury Complaint - Slip and Fall

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. Certificate of Service

1. CAPTION & DOCUMENT HEADER

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [___] COUNTY

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”).

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 because Plaintiff has selected this County as the forum and the cause of action arose in this county; Delaware venue for Superior Court civil actions rests on the plaintiff's choice of forum rather than a county-specific venue statute, subject to a motion challenging venue or seeking transfer under Del. Super. Ct. Civ. R. 12(b)(3) and (h)(3).
3.4 Conditions Precedent. Plaintiff has satisfied all pre-suit notice requirements. __[If Defendant is a county, municipal, or other governmental entity, state compliance with the applicable notice-of-claim requirement under 10 Del. C. §§ 4010–4013 (County and Municipal Tort Claims Act), including any notice ordinance enacted by the political subdivision, which may not bar suit if notice is given within 1 year of the occurrence. If Defendant is a private party, 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/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 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. 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]__