IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS
DIVISION [___]
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
Defendant.
Case No. _
Division No. _
PETITION FOR DAMAGES
(Premises Liability – Slip and Fall)
JURY TRIAL DEMANDED
[// GUIDANCE: Kansas pleading practice traditionally uses the term “Petition,” but “Complaint” is also accepted. Select the caption term that aligns with local court custom.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue & Parties
- Factual Allegations
- Cause(s) of Action
- Damages
- Comparative Fault Statement
- Prayer for Relief
- Jury Demand
- Certification & Verification
- Signature Block
1. DOCUMENT HEADER
1.1 Effective Date: The filing date stamped by the Clerk of the Court.
1.2 Governing Law: The substantive law of the State of Kansas.
1.3 Forum Selection: State court of competent jurisdiction in [County] County, Kansas.
1.4 Injunctive Relief: Plaintiff seeks limited equitable relief as set forth herein.
1.5 Arbitration: Not applicable unless subsequently agreed by the parties in writing.
1.6 Jury Waiver: None – Plaintiff affirmatively demands a trial by jury.
2. DEFINITIONS
For ease of reference and consistent usage throughout this Petition, capitalized terms have the meanings assigned below.
“Defendant” means [DEFENDANT FULL LEGAL NAME], its agents, servants, employees, contractors, and all persons acting on its behalf.
“Incident” means the slip-and-fall event that occurred on [INCIDENT DATE] on the Premises.
“Premises” means the real property, including all approaches, sidewalks, entryways, interior floors, and appurtenant areas, located at [STREET ADDRESS, CITY, KS ZIP], owned, leased, operated, or controlled by Defendant.
“Hazardous Condition” means the unreasonably dangerous condition—specifically [e.g., accumulated liquid, ice, debris, uneven surface, etc.]—existing on the Premises at the time of the Incident.
“Plaintiff” means [PLAINTIFF FULL LEGAL NAME], individually, and includes any lawful subrogated interests.
3. JURISDICTION, VENUE & PARTIES
3.1 Plaintiff is an individual resident of [County] County, Kansas.
3.2 Defendant is a [Kansas corporation/foreign LLC/etc.] authorized to do business in Kansas with its principal place of business at [DEFENDANT ADDRESS] and may be served by and through [Registered Agent Name & Address].
3.3 Jurisdiction is proper under K.S.A. Chapter 60 because Defendant transacts business and committed the tortious conduct complained of within this State.
3.4 Venue lies in this Court pursuant to K.S.A. 60-604 because the cause of action arose in [County] County.
3.5 All conditions precedent to the filing of this action have been met, satisfied, or legally excused.
[// GUIDANCE: If Defendant is a public entity, insert compliance language for K.S.A. 12-105b notice (120-day requirement).]
4. FACTUAL ALLEGATIONS
4.1 On or about [INCIDENT DATE], Plaintiff was lawfully on the Premises as an invitee, conducting [business purpose].
4.2 At said time and place, a Hazardous Condition existed, described as [detailed description].
4.3 Defendant, individually and through its agents:
a. Created the Hazardous Condition; or
b. Had actual knowledge of the Hazardous Condition; or
c. Had constructive knowledge of the Hazardous Condition by the exercise of reasonable care.
4.4 Defendant failed to:
a. Remove, mitigate, or repair the Hazardous Condition;
b. Warn Plaintiff of the Hazardous Condition; and
c. Inspect the Premises with reasonable diligence.
4.5 As a direct and proximate result of Defendant’s acts and omissions, Plaintiff slipped, fell, and sustained serious bodily injuries including but not limited to [list injuries].
4.6 Plaintiff has incurred medical expenses of approximately $[amount] to date and anticipates future medical expenses, lost wages, pain, suffering, and other damages.
5. CAUSE(S) OF ACTION
COUNT I – NEGLIGENCE (Premises Liability)
5.1 Plaintiff realleges and incorporates by reference Paragraphs 4.1-4.6.
5.2 Duty. Defendant owed Plaintiff a duty to exercise reasonable care in the inspection, maintenance, and operation of the Premises for the safety of invitees.
5.3 Breach. Defendant breached its duty by permitting the Hazardous Condition to exist and by failing to warn of or correct the same.
5.4 Causation. Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and damages.
5.5 Damages. Plaintiff suffered damages as set forth in Section 6 below.
[// GUIDANCE: Add additional counts—e.g., Negligent Failure to Warn, Negligence Per Se (building code violation), Respondeat Superior—if warranted by facts.]
6. DAMAGES
Plaintiff seeks recovery of all damages allowed by Kansas law, including but not limited to:
a. Past and future medical expenses;
b. Past and future economic loss, including lost wages and diminished earning capacity;
c. Past and future noneconomic damages for pain, suffering, mental anguish, and loss of enjoyment of life;
d. Pre- and post-judgment interest as allowed by law;
e. Costs and expenses of this action; and
f. Such other and further relief as the Court deems just and proper.
[// GUIDANCE: Kansas’s statutory cap on noneconomic damages in personal injury actions (formerly K.S.A. 60-19a02) was held unconstitutional as applied to such actions. See Hilburn v. Enerpipe Ltd. (Kan. 2019). Plead full, uncapped damages.]
7. COMPARATIVE FAULT STATEMENT
Plaintiff’s recovery is subject to Kansas’s modified comparative fault regime. Pursuant to Kan. Stat. Ann. § 60-258a, Plaintiff’s damages shall be diminished only in proportion to Plaintiff’s percentage of fault, if any, and Plaintiff is barred from recovery solely if Plaintiff’s fault equals or exceeds 50 percent.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant in an amount in excess of $75,000, exclusive of costs, together with the damages and relief enumerated in Section 6 above, and for such other relief—legal or equitable—as the Court deems just and proper.
9. JURY DEMAND
Pursuant to K.S.A. 60-238, Plaintiff hereby demands a trial by jury on all issues so triable.
10. CERTIFICATION & VERIFICATION
10.1 Rule 11 Certification. Counsel certifies that, to the best of Counsel’s knowledge, information, and belief formed after an inquiry reasonable under the circumstances, this Petition is well-grounded in fact and warranted by existing law or a good-faith argument for its extension, modification, or reversal, and is not interposed for any improper purpose.
10.2 Verification (Optional).
[PLAINTIFF NAME], being first duly sworn on oath, states that the facts set forth in the foregoing Petition are true and correct to the best of [his/her/their] knowledge, information, and belief.
[PLAINTIFF NAME]
Subscribed and sworn to before me this ___ day of _, 20.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Kansas does not generally require verified pleadings. Include Verification only if strategic or required by specific statute.]
11. SIGNATURE BLOCK
Respectfully submitted,
text
[LAW FIRM NAME]
By: ______
[ATTORNEY NAME], #KS Bar _
[Attorney Email]
[Street Address]
[City, State Zip]
Telephone: []
Facsimile: [___]
ATTORNEYS FOR PLAINTIFF
[// GUIDANCE SUMMARY:
• Insert case-specific facts, dates, and damages.
• Confirm local court rules on font size, margins, and pleading style.
• For municipal defendants, strictly comply with K.S.A. 12-105b notice prerequisites and cite the statute in Paragraph 3.5.
• Do not plead punitive damages at this stage; Kansas requires a motion under K.S.A. 60-3703 after discovery.
• Attach any supporting exhibits (e.g., photos, medical bills) as separate numbered exhibits, not within the body of the Petition.
• Double-check service addresses and the correct registered agent for each Defendant.]