[COURT NAME]
[COUNTY] CIRCUIT COURT
COMMONWEALTH OF KENTUCKY
[PLAINTIFF NAME],
Plaintiff,
v. Civil Action No. ____
[DEFENDANT NAME],
Defendant.
VERIFIED COMPLAINT
(Premises Liability – Slip and Fall)
[// GUIDANCE: Replace bracketed text with party-specific information. Tailor factual allegations to the incident. Double-check local court rules for caption formatting.]
TABLE OF CONTENTS
- Preliminary Statement …………………………………………………………… ¶1
- Parties ………………………………………………………………………………… ¶¶2-3
- Jurisdiction and Venue …………………………………………………………… ¶¶4-6
- Facts Common to All Counts ………………………………………………… ¶¶7-15
- Count I – Negligence (Premises Liability) ……………………………… ¶¶16-26
- Damages ……………………………………………………………………………… ¶¶27-31
- Comparative Fault Allegations ……………………………………………… ¶32
- Conditions Precedent & Notice ……………………………………………… ¶33
- Prayer for Relief …………………………………………………………………… ¶34
- Jury Demand ……………………………………………………………………… ¶35
- Preservation of Evidence ……………………………………………………… ¶36
- Reservation of Rights …………………………………………………………… ¶37
- Verification ………………………………………………………………………… p. 10
- Signature Block …………………………………………………………………… p. 10
- Certificate of Service …………………………………………………………… p. 11
[// GUIDANCE: Pagination will auto-adjust in word-processing software.]
1. Preliminary Statement
1. Plaintiff brings this premises-liability action to recover damages for personal injuries sustained on or about [DATE] when Plaintiff slipped and fell on hazardous conditions existing on Defendant’s property located at [PROPERTY ADDRESS] in [COUNTY], Kentucky.
2. Parties
2. Plaintiff [FULL LEGAL NAME] is an individual resident of [COUNTY], Kentucky, and at all relevant times was a lawful [invitee/licensee] on Defendant’s premises.
3. Defendant [ENTITY NAME] is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS], authorized to transact business in Kentucky, and may be served through its registered agent, [NAME & ADDRESS].
3. Jurisdiction and Venue
4. This Court has subject-matter jurisdiction under Ky. Const. § 112(5) and KRS 23A.010 because the amount in controversy exceeds the jurisdictional limit of the District Court.
5. Venue is proper in this County under CR 3.01 because the cause of action arose here and Defendant’s principal place of business is located here.
6. Defendant is subject to personal jurisdiction in Kentucky by transacting business and owning/operating the premises at issue within the Commonwealth.
4. Facts Common to All Counts
7. On [DATE] at approximately [TIME], Plaintiff entered Defendant’s premises to [PURPOSE OF VISIT], with Defendant’s knowledge and for Defendant’s commercial benefit.
8. While traversing [SPECIFIC LOCATION ON PREMISES], Plaintiff encountered a substance/debris/[SPECIFY HAZARD] (“Hazardous Condition”) that caused Plaintiff to slip, lose balance, and fall forcefully to the ground.
9. The Hazardous Condition was not open and obvious to a reasonable person under the circumstances because [EXPLAIN—e.g., substance clear/lighting poor/obscured by design].
10. Defendant, through its agents and employees, created the Hazardous Condition and/or had actual or constructive notice of it in that:
a. Employees regularly [CLEANED/INSPECTED] the area and observed the hazard;
b. The condition existed for a sufficient length of time that Defendant should have discovered and remedied it through ordinary care; and/or
c. Defendant had received prior complaints and incident reports concerning substantially similar conditions.
11. Defendant failed to implement reasonable inspection, maintenance, and safety protocols to discover and correct the Hazardous Condition.
12. As a direct and proximate result of Defendant’s negligence, Plaintiff sustained severe bodily injuries including but not limited to [LIST INJURIES], has undergone medical treatment, and continues to experience pain and suffering.
13. Plaintiff has incurred medical expenses in an amount to be proven at trial and will incur additional future medical expenses.
14. Plaintiff has suffered lost wages and impairment of future earning capacity.
15. Plaintiff’s injuries are permanent and have caused loss of enjoyment of life.
5. Count I – Negligence (Premises Liability)
16. Plaintiff realleges and incorporates paragraphs 1–15 as though fully set forth herein.
17. Defendant owed Plaintiff a duty of reasonable care to maintain the premises in a reasonably safe condition and to warn of any dangerous conditions of which Defendant knew or should have known.
18. Defendant breached that duty by:
a. Failing to inspect and maintain the premises in a reasonably safe condition;
b. Failing to remedy the Hazardous Condition in a timely manner;
c. Failing to provide adequate warning, signage, or barriers; and
d. Otherwise acting and/or omitting to act in a manner that constituted negligence under Kentucky law.
19. Under Kentucky’s comparative-fault statute, KRS 411.182, Defendant is liable for that portion of Plaintiff’s damages proportionate to Defendant’s degree of fault.
20. The Hazardous Condition and Defendant’s breach were the legal and proximate cause of Plaintiff’s injuries and damages.
21. Plaintiff did not assume the risk of injury and was exercising reasonable care for Plaintiff’s own safety at all relevant times.
22. Any alleged open-and-obvious nature of the Hazardous Condition was outweighed by Defendant’s superior knowledge and the foreseeability of harm, relieving Plaintiff of any comparative negligence bar.
23. Defendant’s conduct evidences a reckless disregard for the safety of invitees, thereby justifying the imposition of punitive damages pursuant to Kentucky common law and KRS 411.184.
24. Plaintiff reserves the right to amend this Complaint to conform to the evidence and to add additional claims or defendants as discovery warrants.
25. Plaintiff demands a trial by jury on all triable issues.
26. WHEREFORE, Plaintiff seeks the relief set forth below.
6. Damages
27. Pursuant to CR 8.01(2), Plaintiff does not plead a specific dollar amount but states that the damages sought exceed the jurisdictional minimum of this Court.
28. Economic Damages: past and future medical expenses, lost wages, loss of earning capacity, and out-of-pocket costs.
29. Non-Economic Damages: past and future pain, suffering, mental anguish, and loss of enjoyment of life.
30. Punitive Damages: as warranted to deter and punish Defendant for reckless disregard.
31. Pre- and post-judgment interest, costs, and any other relief deemed just and proper.
7. Comparative Fault Allegations
32. In accordance with KRS 411.182, Plaintiff requests that the trier of fact apportion fault among all parties and any non-parties whose conduct contributed to Plaintiff’s injuries.
8. Conditions Precedent & Notice
33. All conditions precedent to the filing of this action have been performed, waived, or satisfied. Defendant received actual or constructive notice of the Hazardous Condition as alleged herein.
9. Prayer for Relief
34. Plaintiff respectfully prays for judgment against Defendant as follows:
a. For compensatory damages in an amount to be determined by the jury;
b. For punitive damages as allowed by law;
c. For costs herein expended, including reasonable attorney’s fees where recoverable;
d. For pre- and post-judgment interest at the legal rate; and
e. For all other relief to which Plaintiff may appear entitled.
10. Jury Demand
35. Pursuant to section 7 of the Kentucky Constitution and CR 38, Plaintiff hereby demands a trial by jury on all issues so triable.
11. Preservation of Evidence
36. Plaintiff requests that Defendant preserve all surveillance footage, maintenance records, incident reports, and other evidence relevant to the occurrence described herein. Failure to preserve such evidence may give rise to claims for spoliation.
12. Reservation of Rights
37. Plaintiff reserves all rights to amend this Complaint, conduct discovery, and pursue additional theories of liability as warrantable under Kentucky law.
VERIFICATION
I, [PLAINTIFF NAME], being first duly sworn, state that I have read the foregoing Complaint, know the contents thereof, and that the same is true to the best of my knowledge, information, and belief.
[PLAINTIFF NAME]
Subscribed and sworn before me this ___ day of ____ 20__.
Notary Public
My commission expires: ____
Respectfully submitted,
[ATTORNEY NAME] (KBA No. ______)
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff
Certificate of Service
I hereby certify that on this ___ day of ____ 20__, I served a true and correct copy of the foregoing Complaint via [METHOD OF SERVICE] upon:
[DEFENSE COUNSEL/REGISTERED AGENT NAME & ADDRESS]
Counsel for Plaintiff
[// GUIDANCE: Kentucky CR 11 requires attorney signature certifying good-faith basis. Ensure filing fees, summons, and civil cover sheet (AOC-105) accompany this Complaint. Maintain compliance with any county-specific e-filing or paper-filing protocols. Where punitive damages are pleaded, KRS 411.186 may require bifurcation—prepare proposed jury instructions accordingly.]