IN THE DISTRICT COURT OF THE ____ JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [COUNTY]
[PLAINTIFF’S FULL LEGAL NAME],
an individual,
Plaintiff,
v. Case No. ____
[DEFENDANT’S FULL LEGAL NAME],
a [corporation/LLC/partnership/individual] doing business in the State of Idaho,
Defendant.
_________/
COMPLAINT AND DEMAND FOR JURY TRIAL
(Premises Liability – Slip and Fall)
[// GUIDANCE: Verify local district number and county. Confirm defendant’s exact legal name and entity status from the Idaho Secretary of State’s records.]
TABLE OF CONTENTS
- Introduction & Preliminary Allegations
- Jurisdiction and Venue
- Parties
- Factual Allegations
- First Cause of Action – Negligence (Premises Liability)
- Damages
- Reservation of Rights
- Jury Demand
- Prayer for Relief
- Verification
- Certificate of Service
1. INTRODUCTION & PRELIMINARY ALLEGATIONS
1.1 This is a civil action for personal injuries arising out of a slip-and-fall incident that occurred on or about [DATE] at Defendant’s premises located at [PREMISES ADDRESS] in [CITY], Idaho.
1.2 Plaintiff seeks compensatory damages for past and future medical expenses, lost earnings, loss of household services, non-economic damages subject to the statutory limitations of Idaho Code Ann. § 6-1603, and any other relief the Court deems just and proper.
2. JURISDICTION AND VENUE
2.1 This Court has subject-matter jurisdiction under Idaho Const. art. V, § 20 and Idaho Code Ann. § 1-704 because the amount in controversy exceeds the jurisdictional minimum of the Magistrate Division and because this is a civil action for damages.
2.2 Personal jurisdiction is proper because Defendant resides in, is domiciled in, does business in, and/or committed the tortious conduct giving rise to this action in the State of Idaho.
2.3 Venue is proper in this County pursuant to Idaho Code Ann. § 5-404(1) because the cause of action arose in this County and/or Defendant resides or does business herein.
[// GUIDANCE: If suing a governmental entity, confirm compliance with the Idaho Tort Claims Act notice provisions, Idaho Code Ann. § 6-905 (180-day written notice).]
3. PARTIES
3.1 Plaintiff [FULL NAME] is an individual citizen and resident of [COUNTY], Idaho.
3.2 Defendant [FULL LEGAL NAME] is a [corporation/LLC/partnership/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and was, at all relevant times, the owner, occupier, and/or person in control of the premises described herein.
3.3 At all relevant times, Defendant owed lawful entrants, including Plaintiff, duties of reasonable care pursuant to Idaho premises-liability law.
4. FACTUAL ALLEGATIONS
4.1 On [DATE] at approximately [TIME], Plaintiff entered Defendant’s premises as a(n) [invitee/licensee] for the purpose of [DESCRIBE PURPOSE, e.g., shopping, delivering goods].
4.2 While lawfully on the premises, Plaintiff slipped and fell due to [DESCRIBE DEFECT, e.g., liquid accumulation, ice, slippery substance] located at/in [SPECIFIC LOCATION].
4.3 The hazardous condition existed for a sufficient period that Defendant knew or, in the exercise of reasonable care, should have known of its existence.
4.4 Defendant failed to (a) inspect, (b) warn, and/or (c) remedy the dangerous condition, thereby breaching its duty of reasonable care.
4.5 As a direct and proximate result of Defendant’s negligence, Plaintiff sustained serious bodily injuries including but not limited to [LIST INJURIES], has incurred medical expenses in excess of $[AMOUNT], and will incur additional expenses in the future.
4.6 Plaintiff has suffered lost wages of approximately $[AMOUNT] to date and anticipates additional lost earnings and diminished earning capacity.
4.7 Plaintiff has endured pain, suffering, emotional distress, and loss of enjoyment of life.
5. FIRST CAUSE OF ACTION
Negligence (Premises Liability)
5.1 Plaintiff realleges and incorporates by reference paragraphs 1 through 4.7 as if fully set forth herein.
5.2 Under Idaho law, property owners and occupiers owe invitees a duty to maintain the premises in a reasonably safe condition, to inspect for hazards, and to warn of or remedy dangerous conditions of which they know or reasonably should know.
5.3 Defendant breached these duties by:
(a) Failing to maintain the premises free of hazardous conditions;
(b) Failing to conduct reasonable inspections to discover hazards;
(c) Failing to warn Plaintiff of the dangerous condition; and/or
(d) Permitting the unsafe condition to remain unabated.
5.4 Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and damages.
5.5 Idaho follows a system of modified comparative fault, Idaho Code Ann. § 6-801, under which Plaintiff’s recovery is diminished only in proportion to his/her own fault (if any) not exceeding 50%. Plaintiff alleges that he/she was free from fault; in the alternative, any comparative negligence attributable to Plaintiff does not exceed 49%.
6. DAMAGES
6.1 Economic Damages: past and future medical expenses, rehabilitation costs, lost wages, loss of earning capacity, and out-of-pocket expenses, presently estimated at $[AMOUNT] and subject to amendment.
6.2 Non-Economic Damages: past and future pain, suffering, emotional distress, disfigurement, and loss of enjoyment of life, in an amount to be determined by the trier of fact, subject to the statutory limitations of Idaho Code Ann. § 6-1603 (non-economic damages cap, currently $250,000 indexed for inflation).
6.3 Special Damages: [DESCRIBE, if any].
6.4 Costs and attorney fees as allowed by Idaho Rule of Civil Procedure 54(d) and applicable statutory or contractual authority.
[// GUIDANCE: Punitive damages are not pleaded at this stage under Idaho Code Ann. § 6-1604. A separate motion to amend is required after a threshold showing of prima facie entitlement.]
7. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to add additional causes of action, parties, or damages in accordance with the Idaho Rules of Civil Procedure and the evidence developed through discovery.
8. JURY DEMAND
Pursuant to Idaho Const. art. I, § 7 and I.R.C.P. 38, Plaintiff hereby demands a trial by jury on all issues so triable.
9. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that judgment be entered in his/her favor and against Defendant as follows:
A. For economic damages in an amount to be proven at trial;
B. For non-economic damages subject to Idaho Code Ann. § 6-1603;
C. For prejudgment and post-judgment interest as permitted by law;
D. For costs of suit and allowable attorney fees;
E. For such other and further relief as the Court deems just and proper.
10. VERIFICATION
I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the above-entitled action; that I have read the foregoing Complaint and know the contents thereof; and that the matters stated therein are true to the best of my knowledge, information, and belief.
Date: ___ ______
[PLAINTIFF NAME]
State of Idaho )
) ss.
County of ____)
Subscribed and sworn before me on the __ day of __, 20__, by [PLAINTIFF NAME].
Notary Public for Idaho
Residing at _
My Commission Expires: ____
[// GUIDANCE: Idaho does not mandate verification for all complaints, but local judicial districts may require it. Remove if unnecessary.]
11. CERTIFICATE OF SERVICE
I hereby certify that on this _ day of _, 20__, I served a true and correct copy of the foregoing Complaint upon the following:
[ ] By CM/ECF (if accepted)
[ ] By U.S. Mail, postage prepaid
[ ] By personal service
[ ] By email (by agreement)
[NAME & ADDRESS OF OPPOSING COUNSEL/DEFENDANT IF UNREPRESENTED]
[ATTORNEY NAME], Attorney for Plaintiff
SIGNATURE BLOCK
Respectfully submitted this ___ day of ____, 20__.
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL] | ISB No. [BAR #]
By: ________
[ATTORNEY NAME]
Attorney for Plaintiff
[// GUIDANCE:
1. Replace all bracketed placeholders before filing.
2. Review local rules for page-limit formatting, font, and margin requirements.
3. Confirm exact monetary caps for non-economic damages under the latest inflation adjustment published by the Idaho State Treasurer.
4. If the slip-and-fall occurred on government property, ensure Idaho Tort Claims Act notice was timely filed and plead compliance in ¶2 or add a separate count.
5. Consider early preservation letters to potential third-party custodians (e.g., janitorial contractors, property managers) to safeguard surveillance footage and maintenance logs.
6. Evaluate whether Rule 68 Offers of Judgment or Idaho ADR rules may impact settlement strategy.
]