[// GUIDANCE: This template is drafted for use in an Illinois state-court action
arising from a slip-and-fall on private premises. It incorporates Illinois’
Premises Liability Act (740 ILCS 130/1 et seq.), the modified-comparative-fault
statute (735 ILCS 5/2-1116), and the ad-damnum pleading restriction for personal
injury cases (735 ILCS 5/2-604). Bracketed text must be customized before
filing. Remove all guidance notes and instructional brackets prior to service.]
TABLE OF CONTENTS
- Document Header (Caption)
- Definitions
- Jurisdiction and Venue
- Parties
- Allegations Common to All Counts
- Count I – Negligence (Premises Liability)
- Damages
- Prayer for Relief
- Jury Demand
- Conditions Precedent & Statutory Compliance
- Attorney Certification (Sup. Ct. R. 137)
- Verification (if required)
- Signature Block
1. DOCUMENT HEADER (CAPTION)
IN THE CIRCUIT COURT OF THE [___] JUDICIAL CIRCUIT
[COUNTY] COUNTY, STATE OF ILLINOIS
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v. Case No. __
[DEFENDANT FULL LEGAL NAME],
Defendant.
___________/
COMPLAINT AT LAW FOR PERSONAL INJURIES
(Slip and Fall – Premises Liability)
Effective Date of Filing: [MONTH DAY, YEAR]
Governing Law: Illinois state law (see § 8, infra).
Forum: State court (this Circuit).
Arbitration: Not demanded at this time (reserved).
Jury Trial: Demanded pursuant to Article I, § 13 of the Illinois Constitution.
2. DEFINITIONS
For ease of reference, the following terms—when capitalized—shall have the meanings set forth below. Undefined capitalized terms take their ordinary meaning.
a. “Act” means the Illinois Premises Liability Act, 740 ILCS 130/1 et seq.
b. “Incident” means the slip-and-fall event that occurred on [DATE] on the Premises.
c. “Premises” means the real property, building, sidewalk, entryway, and all appurtenances located at [STREET ADDRESS, CITY], owned, operated, managed, or controlled by Defendant.
d. “Plaintiff” means [PLAINTIFF NAME], an individual residing at [ADDRESS].
e. “Defendant” means [DEFENDANT NAME], a [corporation/LLC/individual] with its principal place of business (or residence) at [ADDRESS].
[// GUIDANCE: Feel free to add or delete definitions to suit the facts.]
3. JURISDICTION AND VENUE
3.1 This Court has subject-matter jurisdiction over this action pursuant to the Illinois Constitution and 735 ILCS 5/2-101 because the amount in controversy exceeds the jurisdictional minimum and the tort occurred in Illinois.
3.2 Venue is proper in [COUNTY] County under 735 ILCS 5/2-101 because (i) the Premises are located in this County and (ii) Defendant [resides/has its registered office/transacts business] here.
3.3 Defendant is subject to personal jurisdiction in Illinois by virtue of owning, controlling, and profiting from the Premises within this State.
4. PARTIES
4.1 Plaintiff. [PLAINTIFF NAME] is a natural person, age [__], domiciled in [COUNTY] County, Illinois.
4.2 Defendant. [DEFENDANT NAME] is a [legal status] authorized to do business in Illinois and was, at all relevant times, in possession and control—either directly or through its agents—of the Premises.
5. ALLEGATIONS COMMON TO ALL COUNTS
5.1 At all relevant times, Defendant owed lawful entrants, including Plaintiff, the duty of reasonable care set forth in the Act, 740 ILCS 130/2.
5.2 On [DATE] at approximately [TIME], Plaintiff entered the Premises via the [location, e.g., “north side customer entrance”] for the lawful purpose of [shopping/visiting/etc.].
5.3 A dangerous condition existed on the floor of the [specific area]—namely, [describe condition: “an accumulation of liquid, unsecured mat, uneven surface,” etc.] (the “Hazard”).
5.4 The Hazard was not open and obvious to Plaintiff and was not cordoned off, marked, or otherwise remedied by Defendant.
5.5 Defendant, through its employees or agents,
a. created the Hazard and/or
b. had actual or constructive notice of the Hazard due to [spill log records, length of time, surveillance, prior complaints, etc.].
5.6 Plaintiff, exercising due care, slipped on the Hazard and fell, sustaining serious bodily injuries, including but not limited to [list injuries].
5.7 As a direct and proximate result of Defendant’s negligence, Plaintiff has incurred and will continue to incur medical expenses, lost wages, pain, suffering, disability, and loss of a normal life.
6. COUNT I – NEGLIGENCE (PREMISES LIABILITY)
Plaintiff realleges and incorporates §§ 3–5 as if fully set forth herein.
6.1 Duty. Defendant owed Plaintiff the statutory and common-law duty of reasonable care to maintain the Premises in a reasonably safe condition (740 ILCS 130/2).
6.2 Breach. Defendant breached that duty by one or more of the following negligent acts or omissions:
a. Failed to inspect and/or maintain the floor;
b. Failed to clean or remove the Hazard within a reasonable time;
c. Failed to warn of or barricade the Hazard;
d. Violated applicable building, safety, or housekeeping regulations;
e. [Other].
6.3 Causation. Defendant’s breaches were the direct and proximate cause of the Incident and Plaintiff’s resulting injuries.
6.4 Damages. Plaintiff has suffered damages as set forth in § 7, infra.
WHEREFORE, Plaintiff requests judgment against Defendant as detailed in the Prayer for Relief.
7. DAMAGES
7.1 Pursuant to 735 ILCS 5/2-604, Plaintiff states that the total damages sought exceed Fifty Thousand Dollars ($50,000), exclusive of interest and costs.
7.2 Damages include, without limitation:
a. Past and future medical expenses;
b. Past and future lost income and diminished earning capacity;
c. Past and future pain and suffering;
d. Emotional distress;
e. Loss of a normal life;
f. Pre-judgment and post-judgment interest as allowed by law;
g. Costs of suit.
[// GUIDANCE: Insert punitive-damages paragraph only if facts justify and statute allows. Illinois has a strong public-policy disfavoring punitive damages in simple negligence cases.]
8. PRAYER FOR RELIEF
Plaintiff respectfully prays for the following relief:
A. Judgment in favor of Plaintiff and against Defendant on Count I;
B. Compensatory damages in an amount to be proven at trial in excess of $50,000;
C. Costs of suit pursuant to 735 ILCS 5/5-108;
D. Pre-judgment and post-judgment interest as allowed by law;
E. Such further relief as the Court deems just and proper.
9. JURY DEMAND
Plaintiff demands trial by jury on all issues so triable as a matter of right under Article I, § 13 of the Illinois Constitution and 735 ILCS 5/2-1105.
10. CONDITIONS PRECEDENT & STATUTORY COMPLIANCE
10.1 All conditions precedent to the filing of this action have been performed, satisfied, or excused.
10.2 Comparative Fault. Plaintiff is aware that any award shall be reduced by the percentage of fault, if any, attributable to Plaintiff pursuant to 735 ILCS 5/2-1116 (modified comparative negligence). Plaintiff denies any contributory negligence.
10.3 Preservation of Evidence. Plaintiff has preserved, to the best of her ability, all relevant records and hereby places Defendant on notice to preserve all surveillance footage, maintenance logs, incident reports, and similar evidence relating to the Incident.
11. ATTORNEY CERTIFICATION (ILL. SUP. CT. R. 137)
The undersigned attorney certifies that the facts stated herein are true to the best of the attorney’s knowledge, information, and belief, formed after reasonable inquiry, and that this pleading is not interposed for any improper purpose.
12. VERIFICATION [OPTIONAL/IF REQUIRED]
STATE OF ILLINOIS )
) ss.
COUNTY OF [___] )
[PLAINTIFF NAME], being first duly sworn, deposes and states that she has read the foregoing Complaint and verifies that the factual allegations are true and correct to the best of her knowledge and belief.
[PLAINTIFF NAME]
Subscribed and sworn before me this ___ day of ____, 20__.
Notary Public
13. SIGNATURE BLOCK
Respectfully submitted,
Dated: [DATE]
[LAW FIRM NAME]
By: _____
[ATTORNEY NAME] (ARDC No. __)
[Street Address]
[City, State ZIP]
Tel: () -
Email: [EMAIL]
Counsel for Plaintiff
[// GUIDANCE: Serve Defendant pursuant to 735 ILCS 5/2-202 or via private process server as allowed. Confirm local standing order requirements (e.g., mandatory arbitration thresholds, case-management call dates). For Cook County, include Law Division civil-action-cover-sheet and summons in compliance with the Clerk’s electronic filing standards.]