Personal Injury Complaint - Slip and Fall

PETITION FOR DAMAGES

(Slip and Fall – Premises Liability)

TABLE OF CONTENTS

1. Caption & Parties Identification
2. Jurisdiction and Venue
3. Parties
4. Facts Common to All Counts

5. Cause(s) of Action
   5.1. Premises Liability – La. Civ. Code arts. 2315, 2316, 2317 & 2317.1
   5.2. Merchant Liability, if applicable – La. Rev. Stat. § 9:2800.6

6. Damages

7. Comparative Fault Allegations
8. Prescription
9. Prayer for Relief & Jury Demand
10. Certification & Verification
11. Service Information
12. Signature Block

1. CAPTION & PARTIES IDENTIFICATION

[COURT NAME]
STATE OF LOUISIANA
PARISH OF [PARISH]

PETITION FOR DAMAGES (SLIP AND FALL – PREMISES LIABILITY)

2. JURISDICTION AND VENUE

2.1 This Honorable Court has subject-matter jurisdiction pursuant to La. Code Civ. Proc. art. 2.
2.2 Venue is proper in [PARISH] Parish under La. Code Civ. Proc. art. 74 because the tortious conduct, damages, and/or injury occurred within this Parish.

3. PARTIES

3.1 Plaintiff, [PLAINTIFF NAME] (“Plaintiff”), is a person of the full age of majority and a resident of the Parish of [PLAINTIFF PARISH], State of Louisiana.
3.2 Defendant, [DEFENDANT NAME] (“Defendant”), is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business in [LOCATION] and authorized to do business in Louisiana. Defendant may be served through its registered agent:
[REGISTERED AGENT NAME & ADDRESS].

4. FACTS COMMON TO ALL COUNTS

4.1 On or about [DATE OF INCIDENT] (“Incident Date”), Plaintiff lawfully entered the premises located at [ADDRESS/LOCATION] (“Premises”), owned, operated, and/or controlled by Defendant.
4.2 While traversing the [specific area—e.g., “front entrance lobby”] of the Premises, Plaintiff slipped and fell due to [describe hazardous condition, e.g., “an accumulation of water and cleaning solution left unmarked on the tile floor”] (“Hazardous Condition”).
4.3 The Hazardous Condition presented an unreasonable risk of harm that was reasonably foreseeable, and existed for such a period of time that Defendant, exercising reasonable care, knew or should have known of its existence, or Defendant created the Hazardous Condition.
4.4 No warning cones, signage, or other preventive measures were present.
4.5 As a direct and proximate result, Plaintiff sustained severe bodily injuries, including but not limited to [list injuries], necessitating medical treatment and causing economic and non-economic damages.

5. CAUSE(S) OF ACTION

5.1 Premises Liability (General Custodian Liability) – La. Civ. Code arts. 2315, 2316, 2317 & 2317.1

5.1.1 Defendant had custody, ownership, and/or control of the Premises and owed a duty of reasonable care to keep the Premises in a reasonably safe condition under La. Civ. Code arts. 2315, 2316 & 2317.
5.1.2 Pursuant to La. Civ. Code art. 2317.1, Defendant is answerable for the damage occasioned by the ruin, vice, or defect of the Premises only upon proof that:
  a. Defendant knew or, in the exercise of reasonable care, should have known of the ruin, vice, or defect which caused the damage;
  b. The damage could have been prevented by the exercise of reasonable care; and
  c. Defendant failed to exercise such reasonable care.
5.1.3 All elements are satisfied herein. Defendant’s breach was a legal and factual cause of Plaintiff’s injuries.

5.2 Merchant Liability (if Defendant is a "merchant" under La. R.S. 9:2800.6)

5.2.1 If Defendant is a merchant within the meaning of La. R.S. 9:2800.6(C)(2), Plaintiff pleads, in addition to and not in lieu of Section 5.1, that Defendant owed a duty under La. R.S. 9:2800.6(A) to exercise reasonable care to keep its aisles, passageways, and floors in a reasonably safe condition, including a reasonable effort to keep the Premises free of hazardous conditions that might reasonably give rise to damage.
5.2.2 Pursuant to La. R.S. 9:2800.6(B), Plaintiff bears, and pleads facts satisfying, the burden of proving all of the following: (a) the Hazardous Condition presented an unreasonable risk of harm to Plaintiff that was reasonably foreseeable; (b) Defendant either created the Hazardous Condition or had actual or constructive notice of the Hazardous Condition prior to the Incident, where "constructive notice" means the condition existed for such a period of time that it would have been discovered had Defendant exercised reasonable care; and (c) Defendant failed to exercise reasonable care.
5.2.3 Louisiana law does not impose strict liability on merchants for falls occurring on their premises; Plaintiff pleads the foregoing elements affirmatively and does not rely on the mere occurrence of the fall as proof of liability.

6. DAMAGES

6.1 Special Damages (past and future):
  a. Medical expenses;
  b. Lost wages and diminished earning capacity;
  c. Out-of-pocket expenses.
6.2 General Damages:
  a. Physical pain and suffering;
  b. Mental anguish and emotional distress;
  c. Loss of enjoyment of life;
  d. Disability and impairment;
  e. Scarring and disfigurement (if applicable).
6.3 Plaintiff also seeks all costs of these proceedings, legal interest from the date of judicial demand, and any other relief the Court deems just and equitable.

7. COMPARATIVE FAULT ALLEGATIONS

7.1 Pursuant to La. Civ. Code art. 2323, the degree or percentage of fault of all persons causing or contributing to Plaintiff's injuries shall be determined, and Plaintiff's recovery, if any, shall be reduced in proportion to the percentage of fault attributed to Plaintiff.

7.2 If the Incident occurred on or after January 1, 2026, Plaintiff pleads that he/she was free from fault or, alternatively, that his/her percentage of fault, if any, is less than fifty-one percent (51%), such that recovery is not barred under La. Civ. Code art. 2323(A)(2)(a). If the Incident occurred before January 1, 2026, Plaintiff pleads that any fault attributable to Plaintiff should reduce, but not bar, recovery under the pure comparative fault rule then in effect.
7.3 Pursuant to La. Civ. Code art. 2324, liability among joint tortfeasors, including any independent contractor responsible for maintenance of the Premises, is a joint and divisible obligation, and no defendant is solidarily liable for damages attributable to the fault of another, except a person who conspires with another to commit an intentional or willful act.
7.4 To the extent Defendant alleges Plaintiff or any non-party’s comparative fault, Plaintiff affirmatively denies same.

8. PRESCRIPTION

8.1 This action is timely filed within the applicable liberative prescriptive period. Pursuant to La. Civ. Code art. 3493.1, delictual actions are subject to a liberative prescription of two years, running from the day the injury or damage was sustained. (Prior to July 1, 2024, delictual actions were subject to a one-year prescriptive period under former La. Civ. Code art. 3492, repealed by Acts 2024, No. 423; confirm which period applies based on the date the cause of action arose.)

9. PRAYER FOR RELIEF & JURY DEMAND

WHEREFORE, Plaintiff prays that:
A. After due proceedings, there be judgment in favor of Plaintiff and against Defendant for all damages reasonable in the premises, together with legal interest from the date of judicial demand until paid and for all costs of these proceedings;
B. Defendant be cited and served and required to answer herein in accordance with law;
C. All expert witness fees and costs be taxed as costs of court; and
D. Plaintiff be granted a trial by jury, provided the amount in controversy exceeds the jury-trial threshold of Ten Thousand Dollars ($10,000.00) exclusive of interest and costs set by La. C.C.P. art. 1732(1), and subject to the bond/cash-deposit requirements of La. C.C.P. arts. 1733-1734.1 (including the $5,000.00 cash deposit required within sixty (60) days of the jury demand if the amount in controversy is stipulated to be more than $10,000.00 but less than $50,000.00).

10. CERTIFICATION & VERIFICATION

Pursuant to La. Code Civ. Proc. art. 863(B), undersigned counsel certifies that he/she has read the foregoing pleading and that, to the best of counsel's knowledge, information, and belief formed after reasonable inquiry: (1) it is not being presented for any improper purpose; (2) each claim, defense, or other legal assertion is warranted by existing law or a nonfrivolous argument for the extension, modification, or reversal of existing law; (3) each factual assertion has evidentiary support or is likely to have evidentiary support after reasonable investigation or discovery; and (4) each denial of a factual assertion is warranted by the evidence or reasonably based on a lack of information or belief.

11. SERVICE INFORMATION

Please serve:
[DEFENDANT NAME]
Through its registered agent:
[REGISTERED AGENT NAME]
[ADDRESS]

12. SIGNATURE BLOCK

Respectfully submitted,

___________________________________
[ATTORNEY NAME] (Bar No. ______)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [FAX] | [EMAIL]
COUNSEL FOR PLAINTIFF

Dated: _______________