Personal Injury Complaint - Slip and Fall

TEMPLATE

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, 2317.1 & 2322

6. Damages

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

1. CAPTION & PARTIES IDENTIFICATION

[COURT NAME]  
STATE OF LOUISIANA  
PARISH OF [PARISH]  
-------------------------------------------------------------  
[PLAINTIFF NAME],                                       CIVIL ACTION NO. ______  
           Plaintiff                                    DIVISION “___”  
v.                                                       SECTION “___”  
[DEFENDANT NAME(S)],  
           Defendant(s).  
-------------------------------------------------------------  
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 existed for such a period of time that Defendant, exercising reasonable care, knew or should have known of its existence.
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 – La. Civ. Code arts. 2315, 2317.1 & 2322

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.
5.1.2 Pursuant to La. Civ. Code art. 2317.1, Defendant is liable for the damage occasioned by the ruin, vice, or defect of the Premises upon proof that:
  a. The property was in Defendant’s custody;
  b. The Premises contained a ruin, vice, or defect;
  c. The ruin, vice, or defect created an unreasonable risk of harm;
  d. Defendant knew or, in the exercise of reasonable care, should have known of the ruin, vice, or defect; and
  e. The damage could have been prevented by the exercise of reasonable care and Defendant failed to do so.
5.1.3 All elements are satisfied herein. Defendant’s breach was a legal and factual cause of Plaintiff’s injuries.

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 In accordance with Louisiana’s pure comparative fault system, La. Civ. Code art. 2323, Plaintiff pleads that Defendant is liable for the percentage of fault attributed to it, together with solidary liability for any negligent third parties.
7.2 To the extent Defendant alleges Plaintiff or any non-party’s comparative fault, Plaintiff affirmatively denies same.

8. 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 on all issues triable of right.

9. CERTIFICATION & VERIFICATION

Pursuant to La. Code Civ. Proc. art. 863, undersigned counsel certifies that he/she has read the foregoing pleading; that to the best of counsel’s knowledge, information, and belief formed after reasonable inquiry it is well-grounded in fact and is warranted by existing law; and that it is not interposed for any improper purpose.

10. SERVICE INFORMATION

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

11. SIGNATURE BLOCK

Respectfully submitted,

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

Dated: _______________