IN THE CIRCUIT COURT OF THE [__] CIRCUIT
STATE OF HAWAIʻI
[PLAINTIFF FULL LEGAL NAME], ) CIVIL NO. _
) (Personal Injury – Premises Liability)
Plaintiff, )
) COMPLAINT; DEMAND FOR JURY TRIAL
vs. ) (Slip-and-Fall)
)
[DEFENDANT LEGAL NAME], a [State] [Entity Type]; )
JOHN DOES 1-10; DOE CORPORATIONS 1-10; )
DOE PARTNERSHIPS 1-10; and DOE GOVERNMENTAL )
ENTITIES 1-10, )
)
Defendants. )
__________)
COMPLAINT
[// GUIDANCE: Replace bracketed items with case-specific information. “Doe” defendants are included consistent with Haw. R. Civ. P. 17(d) to preserve claims until identities are discovered.]
TABLE OF CONTENTS
- Defined Terms .................................................. §1
- Jurisdiction & Venue .......................................... §2
- Parties ........................................................ §3
- Factual Allegations ............................................ §4
- Cause of Action – Negligence (Premises Liability) .............. §5
- Damages ........................................................ §6
- Prayer for Relief .............................................. §7
- Jury Demand .................................................... §8
- Reservation of Rights .......................................... §9
- Verification & Rule 11 Certification .......................... §10
- Signature Block ............................................... §11
§1 DEFINED TERMS
For ease of reference, the following capitalized terms are used throughout this Complaint:
1.1 “Plaintiff” means [PLAINTIFF FULL LEGAL NAME], an individual resident of the State of Hawaiʻi.
1.2 “Defendant” means [DEFENDANT LEGAL NAME], a [State] [corporation/LLC/other] qualified to do business in Hawaiʻi.
1.3 “Premises” means the real property, building(s), common areas, and appurtenances located at [STREET ADDRESS, CITY, HI ZIP].
1.4 “Incident” means the slip-and-fall event that occurred on [DATE OF INCIDENT] on the Premises.
[// GUIDANCE: Maintain consistent use of Defined Terms; this assists with clarity and prevents ambiguity.]
§2 JURISDICTION AND VENUE
2.1 This Court has subject-matter jurisdiction under Haw. Rev. Stat. § 603-21.5 (general original jurisdiction of the circuit courts).
2.2 Venue is proper in this Circuit pursuant to Haw. Rev. Stat. § 603-36 because the Incident occurred within this Circuit and Defendant conducts business herein.
§3 PARTIES
3.1 Plaintiff is, and at all relevant times was, a resident of the State of Hawaiʻi.
3.2 Defendant is a [State] [corporation/LLC] that owns, operates, manages, and/or controls the Premises and, at all relevant times, conducted substantial business activities within the State of Hawaiʻi.
3.3 The true names and capacities of Defendants identified herein as JOHN DOES 1-10, DOE CORPORATIONS 1-10, DOE PARTNERSHIPS 1-10, and DOE GOVERNMENTAL ENTITIES 1-10 are presently unknown to Plaintiff, who therefore sues these Defendants under fictitious names. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained.
§4 FACTUAL ALLEGATIONS
4.1 On or about [DATE OF INCIDENT], Plaintiff lawfully entered the Premises as a business invitee.
4.2 At the time of the Incident, a dangerous condition existed on the floor of the [specific area, e.g., “main lobby near the elevator bank”], namely [describe condition, e.g., “a pool of clear liquid without warning signage”] (“Dangerous Condition”).
4.3 Defendant, through its agents, servants, and/or employees, created the Dangerous Condition and/or knew, or in the exercise of reasonable care should have known, of the Dangerous Condition and failed to remedy it or warn invitees, including Plaintiff, of its existence.
4.4 As Plaintiff walked in the area, Plaintiff slipped on the Dangerous Condition and fell, suffering serious bodily injuries.
4.5 The injuries include, but are not limited to, [list injuries, e.g., “fractured left wrist, herniated lumbar disc, and related pain and suffering”].
4.6 Defendant owed Plaintiff a duty under Hawaiʻi premises-liability law to maintain the Premises in a reasonably safe condition and to warn of or correct any hazardous condition of which it had actual or constructive notice.
4.7 Defendant breached said duty by:
(a) Failing to inspect and maintain the Premises in a reasonably safe condition;
(b) Failing to clean, repair, cordon off, or otherwise eliminate the Dangerous Condition; and
(c) Failing to provide adequate warnings to invitees regarding the Dangerous Condition.
4.8 As a direct and proximate result of Defendant’s breach, Plaintiff suffered the injuries and damages alleged herein.
§5 CAUSE OF ACTION
Negligence – Premises Liability
5.1 Plaintiff realleges and incorporates by reference §§2 through 4 as though fully set forth herein.
5.2 Defendant had a non-delegable duty to exercise reasonable care to keep the Premises in a safe condition for business invitees such as Plaintiff.
5.3 Defendant breached this duty as described above.
5.4 Defendant’s breach was the actual and legal (proximate) cause of Plaintiff’s injuries.
5.5 Pursuant to Hawaiʻi’s comparative-fault statute, Haw. Rev. Stat. § 663-31, any fault attributable to Plaintiff does not exceed fifty percent (50%), and Plaintiff’s recovery should be reduced only by the proportion of fault, if any, assigned to Plaintiff.
§6 DAMAGES
6.1 As a result of Defendant’s negligence, Plaintiff has incurred and will continue to incur:
(a) Past and future medical expenses estimated to be [${AMOUNT}];
(b) Past and future lost wages and/or diminished earning capacity estimated to be [${AMOUNT}];
(c) Pain and suffering, emotional distress, and loss of enjoyment of life, in an amount to be proved at trial;
(d) Pre-judgment and post-judgment interest as allowed by law; and
(e) Costs of suit and such additional relief as the Court deems just and proper.
[// GUIDANCE: Hawaiʻi does not impose statutory caps on personal-injury noneconomic damages except in limited medical-malpractice contexts. Verify applicability to client.]
§7 PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that judgment be entered in Plaintiff’s favor and against Defendant as follows:
A. For general and special damages in amounts to be proven at trial and exceeding the minimum jurisdictional limits of this Court;
B. For pre-judgment and post-judgment interest as provided by law;
C. For taxable costs and reasonable attorneys’ fees where permitted;
D. For such other and further relief as the Court deems just and proper.
§8 DEMAND FOR JURY TRIAL
Pursuant to Haw. R. Civ. P. 38(b) and Article I, Section 13 of the Hawaiʻi Constitution, Plaintiff hereby demands trial by jury on all issues so triable.
[// GUIDANCE: Remove if a strategic decision is made to waive jury; ensure written waiver complies with constitutional requirements.]
§9 RESERVATION OF RIGHTS
Plaintiff expressly reserves the right to amend this Complaint to assert additional causes of action, parties, theories of liability, and damages as discovery progresses.
§10 VERIFICATION & RULE 11 CERTIFICATION
I, [PLAINTIFF NAME], verify under penalty of perjury that the factual allegations contained in this Complaint are true and correct to the best of my knowledge, information, and belief, formed after reasonable inquiry, and that this pleading is not presented for any improper purpose.
Dated: [DATE]
Honolulu, Hawaiʻi.
[PLAINTIFF NAME], Plaintiff
§11 SIGNATURE BLOCK
DATED: [DATE]
Honolulu, Hawaiʻi.
Respectfully submitted,
[ATTORNEY NAME] (Bar No. ______)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff
[// GUIDANCE:
1. File a separate Summons pursuant to Haw. R. Civ. P. 4; attach when serving.
2. Confirm service deadlines (typically 6 months from filing).
3. If damages sought exceed $40,000, the case belongs in Circuit Court; otherwise, consider District Court jurisdiction.
4. Evaluate whether pre-litigation settlement demand or mediation is advisable before filing.
5. Preserve physical evidence (e.g., surveillance footage) through immediate spoliation letters.
6. For governmental defendants, comply with notice prerequisites under Haw. Rev. Stat. § 662-4 (State) or § 46-72 (County) within the six-month window.]