IN THE [___] COURT
OF [___] COUNTY, INDIANA
[PLAINTIFF NAME],
Plaintiff,
v. Cause No. ___
[DEFENDANT NAME],
Defendant.
VERIFIED COMPLAINT FOR DAMAGES
(Slip-and-Fall / Premises Liability)
[// GUIDANCE: This template is drafted for private-party premises liability claims. If suing a governmental entity, insert Tort Claims Act allegations and reference statutory damage caps.]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- General Allegations and Definitions
- Factual Background
- Count I – Negligence (Premises Liability)
- Count II – Negligence Per Se [optional]
- Damages
- Affirmative Allegations re Comparative Fault
- Jury Demand
- Prayer for Relief
- Verification
- Signature Block
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual resident of [COUNTY], Indiana, and at all relevant times was lawfully present upon the Premises defined below.
1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is a [CORPORATION/LLC/INDIVIDUAL] organized under the laws of [STATE] with its principal place of business in [COUNTY], Indiana, and at all relevant times owned, occupied, leased, or controlled the Premises.
1.3 Jurisdiction. This Court has subject-matter jurisdiction under Indiana Trial Rule 3, and personal jurisdiction because Defendant conducts business and committed tortious acts in this State.
1.4 Venue. Venue is proper in this County under Indiana Trial Rule 75(A)(2) because the complained-of events occurred here and Defendant maintains its principal office here.
[// GUIDANCE: Confirm County-specific venue provisions if Plaintiff sues multiple defendants.]
2. GENERAL ALLEGATIONS AND DEFINITIONS
For purposes of this Complaint the following capitalized terms shall have the meanings set forth below:
a. “Premises” means the real property, improvements, aisles, walkways, appurtenances, and adjacent areas located at [STREET ADDRESS] in [CITY], Indiana, owned, operated, or controlled by Defendant.
b. “Dangerous Condition” means the hazardous accumulation of [WATER/ICE/DEBRIS/OTHER] on or about the Premises that presented an unreasonable risk of harm to lawful invitees.
c. “Incident Date” means [DATE OF FALL].
3. FACTUAL BACKGROUND
3.1 On or about the Incident Date, Plaintiff lawfully entered the Premises as a(n) [INVITEE/LICENSEE] for the purpose of [DESCRIBE PURPOSE, e.g., shopping].
3.2 A Dangerous Condition existed on the Premises, specifically [DESCRIBE CONDITION].
3.3 Defendant knew or, in the exercise of reasonable care, should have known of the Dangerous Condition because [DESCRIBE FACTS—e.g., repeated complaints, video footage, routine inspections].
3.4 Defendant failed to remedy, warn of, or barricade the Dangerous Condition within a reasonable time.
3.5 As a direct and proximate result, Plaintiff slipped, fell, and sustained serious bodily injuries, including but not limited to [LIST INJURIES].
3.6 Plaintiff incurred medical expenses, lost wages, and other damages detailed below.
[// GUIDANCE: Attach medical bills and wage-loss documentation as exhibits if required by local rules.]
4. COUNT I – NEGLIGENCE (PREMISES LIABILITY)
4.1 Plaintiff realleges and incorporates Paragraphs 1 through 3 as though fully set forth herein.
4.2 Indiana law imposes upon possessors of land a duty to exercise reasonable care for the safety of lawful visitors.
4.3 Defendant breached that duty by, inter alia:
a. Failing to maintain the Premises in a reasonably safe condition;
b. Failing to conduct reasonable inspections;
c. Failing to warn of or remedy the Dangerous Condition; and
d. Violating applicable building and safety codes.
4.4 Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and damages.
5. COUNT II – NEGLIGENCE PER SE [optional]
5.1 Plaintiff realleges and incorporates Paragraphs 1 through 4.
5.2 At all relevant times, Indiana’s building and safety codes required premises owners to [INSERT REGULATORY REQUIREMENT, e.g., maintain floors free of unreasonable slipperiness].
5.3 Defendant violated said regulations, constituting negligence per se.
5.4 Such statutory violations directly and proximately caused Plaintiff’s injuries.
[// GUIDANCE: If code provisions are uncertain, keep this count generic or delete.]
6. DAMAGES
6.1 Past medical expenses: $[_]
6.2 Future medical expenses: $[_]
6.3 Past lost wages: $[_]
6.4 Future loss of earning capacity: $[_]
6.5 Physical pain and mental anguish: To be determined at trial
6.6 Permanent impairment and disfigurement: To be determined at trial
6.7 Pre- and post-judgment interest as allowed by law
6.8 All other compensatory damages available under Indiana law.
7. AFFIRMATIVE ALLEGATIONS REGARDING COMPARATIVE FAULT
7.1 Pursuant to the Indiana Comparative Fault Act, Ind. Code 34-51-2 (“the Act”), Plaintiff’s recovery shall be diminished only by any percentage of fault legally attributable to Plaintiff, and Plaintiff shall be barred from recovery only if such percentage equals or exceeds fifty-one percent (51%).
7.2 Plaintiff expressly denies any comparative fault but pleads the Act so as to place Defendant on notice that the provisions of the Act govern allocation of fault in this action.
8. JURY DEMAND
Plaintiff demands trial by jury on all issues so triable as a matter of right.
9. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:
A. Compensatory damages in an amount to be determined at trial;
B. Costs of this action pursuant to Indiana law;
C. Pre- and post-judgment interest at the statutory rate;
D. Such other and further relief as the Court deems just and proper.
10. VERIFICATION
I, [PLAINTIFF NAME], verify under penalties of perjury that I have read the foregoing Complaint and that the factual statements contained herein are true and correct to the best of my knowledge and belief.
Date: __
[PLAINTIFF NAME]
11. SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
By: ______
[ATTORNEY NAME] (#_____)
Attorney for Plaintiff
[// GUIDANCE:
1. Serve initial disclosures under Indiana Trial Rule 26.
2. File Certificate of Service if required by local rules.
3. If suing a governmental entity, file tort-claim notice within 180 days (state) or 270 days (political subdivision) before commencing suit.
4. Consider spoliation letter demanding preservation of CCTV footage and maintenance logs.
]