Personal Injury Complaint - Slip and Fall

IN THE STATE COURT OF [COUNTY] COUNTY

STATE OF GEORGIA

[PLAINTIFF FULL LEGAL NAME],
Plaintiff,

v. Civil Action File No. ________

[DEFENDANT FULL LEGAL NAME],
Defendant.

COMPLAINT FOR DAMAGES (PREMISES LIABILITY – SLIP AND FALL)

TABLE OF CONTENTS

1. Parties ............................................................................................................. 2
2. Jurisdiction and Venue ..................................................................................... 2
3. Factual Allegations ............................................................................................ 3
4. Count I – Negligence / Premises Liability ........................................................ 5
5. Count II – Punitive Damages (If Applicable) .................................................... 7
6. Damages ............................................................................................................ 8
7. Prayer for Relief ................................................................................................ 9
8. Jury Demand .................................................................................................... 10
9. Certification of Compliance & Service .......................................................... 10

1. PARTIES

1. Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a resident of [COUNTY], Georgia, and is subject to the jurisdiction of this Court.
2. Defendant. [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [STATE OF INCORPORATION], with its principal place of business at [ADDRESS] and may be served through its registered agent, [NAME & ADDRESS] pursuant to O.C.G.A. § 9-11-4.

2. JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction over this civil action for personal injuries and damages exceeding $____, exclusive of interest and costs.
4. Venue is proper in [COUNTY] County under O.C.G.A. § 14-2-510(b)(1) [// replace with correct venue statute if Defendant is an individual or governmental entity], because Defendant [resides in/maintains its registered office in]/[the tortious conduct occurred in] this County.
5. All conditions precedent to filing this action have been satisfied, waived, or otherwise excused.

3. FACTUAL ALLEGATIONS

6. On or about [DATE OF INCIDENT] (“Incident Date”), Plaintiff was lawfully on the premises known as “[BUSINESS NAME / PROPERTY DESCRIPTION]” located at [PROPERTY ADDRESS] (“Premises”) as an invitee within the meaning of O.C.G.A. § 51-3-1 (2023).
7. Defendant owned, occupied, leased, managed, and/or controlled the Premises on the Incident Date and owed invitees a duty to exercise ordinary care to keep the Premises and approaches safe.
8. A hazardous condition (the “Hazard”) existed on the Premises, described as [e.g., “an accumulation of liquid on the tile floor near the entrance with no warning signs or barriers”].
9. Defendant knew, or in the exercise of ordinary care should have known, of the Hazard because [insert specific facts indicating actual or constructive notice—e.g., “security footage shows the spill remained for at least 25 minutes prior to the fall”].
10. Defendant failed to inspect, discover, remove, or warn of the Hazard in violation of its statutory and common-law duties.
11. While exercising ordinary care for her own safety, Plaintiff slipped on the Hazard and fell, suffering serious bodily injuries including but not limited to [LIST INJURIES].
12. As a direct and proximate result of Defendant’s negligence, Plaintiff incurred medical expenses of approximately $____ to date and continues to receive treatment.
13. Plaintiff has experienced pain and suffering, mental anguish, loss of enjoyment of life, and will continue to suffer damages in the future.

4. COUNT I – NEGLIGENCE / PREMISES LIABILITY

14. Plaintiff realleges and incorporates Paragraphs 1–13 as if fully set forth herein.
15. Defendant owed Plaintiff, an invitee, the duty of ordinary care to keep the Premises safe under O.C.G.A. § 51-3-1 (2023).

16. Defendant breached that duty by:
    a. Failing to properly inspect and maintain the Premises;
    b. Allowing the Hazard to exist for an unreasonable period;
    c. Failing to timely warn invitees of the Hazard; and
    d. Violating applicable building, safety, and industry standards, including [INSERT, if known, e.g., “International Building Code § 1004.1”].

17. Defendant’s breach directly and proximately caused Plaintiff’s injuries and damages.

18. Pursuant to O.C.G.A. § 51-12-33 (2023), Plaintiff pleads comparative fault in the alternative and asserts that any negligence on Plaintiff’s part was less than 50 percent and does not bar recovery.

5. COUNT II – PUNITIVE DAMAGES (IF APPLICABLE)

19. Plaintiff realleges and incorporates Paragraphs 1–18.
20. Defendant’s conduct exhibited willful misconduct, malice, fraud, wantonness, and/or conscious indifference to consequences, triggering punitive damages under O.C.G.A. § 51-12-5.1 (2023).
21. Plaintiff requests that a trier of fact assess punitive damages in an amount sufficient to deter Defendant and others similarly situated from like conduct.

6. DAMAGES

22. Plaintiff seeks the following categories of damages, the full extent of which will be proven at trial:

a. Special (Economic) Damages: past and future medical expenses; lost wages; diminished earning capacity; and other out-of-pocket costs.
b. General (Non-Economic) Damages: past and future pain and suffering; mental anguish; emotional distress; and loss of enjoyment of life.
c. Punitive Damages: as set forth in Count II (if applicable).
d. Litigation Expenses & Attorney’s Fees: under O.C.G.A. § 13-6-11 (2023) due to Defendant’s bad-faith conduct.
e. Interest & Costs of Court: as allowed by law.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

A. Enter judgment against Defendant for compensatory damages in an amount to be determined by the enlightened conscience of a fair and impartial jury;
B. Award punitive damages consistent with O.C.G.A. § 51-12-5.1 (if claimed);
C. Award reasonable attorney’s fees and costs pursuant to O.C.G.A. § 13-6-11;
D. Award pre- and post-judgment interest as permitted by law;
E. Grant such other and further relief as the Court deems just and proper.

8. JURY DEMAND

Plaintiff hereby demands a trial by jury of all issues so triable as a matter of right under Ga. Const. art. I, § I, para. XI(a) and O.C.G.A. § 9-11-38.

9. CERTIFICATION OF COMPLIANCE & SERVICE

Pursuant to Uniform Superior/State Court Rule B and O.C.G.A. § 9-11-5:

I hereby certify that this Complaint complies with all applicable font and margin requirements, and that a true and correct copy was served upon all counsel of record by [METHOD] on the date below.

Date: _____________ 202__

Respectfully submitted,

[LAW FIRM NAME]
[LAW FIRM ADDRESS]
Telephone: [###-###-####]
Facsimile: [###-###-####]
E-Mail: [ATTORNEY EMAIL]

By: ___________________________________
[ATTORNEY NAME]
Georgia Bar No. [#######]
Counsel for Plaintiff

EXHIBIT A – MEDICAL EXPENSE SUMMARY

EXHIBIT B – PHOTOGRAPHS / VIDEO STILLS OF HAZARD

EXHIBIT C – ANTE-LITEM NOTICE (If Governmental Defendant)