COMMONWEALTH OF MASSACHUSETTS

[__] COUNTY SUPERIOR COURT
CIVIL ACTION NO. _______

[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.

COMPLAINT AND JURY DEMAND
(Personal Injury – Premises Liability: Slip and Fall)

[// GUIDANCE: Practitioners must attach the Massachusetts “Civil Action Cover Sheet,” “Statement of Damages,” and, where applicable, a Chapter 84 statutory notice. Insert the court-generated tracking order upon filing.]

TABLE OF CONTENTS

1. Parties ............................................................................................. ¶¶ 1-2
2. Jurisdiction and Venue ......................................................... ¶¶ 3-4
3. Facts Common to All Counts ............................................. ¶¶ 5-19
4. Count I – Negligence (Premises Liability) .......................... ¶¶ 20-30
5. Damages .................................................................................. ¶¶ 31-37
6. Comparative Fault Allegations ........................................... ¶¶ 38-40
7. Jury Demand ............................................................................. ¶ 41
8. Prayer for Relief ..................................................................... ¶¶ 42-45
9. Reservation of Rights & Miscellaneous ............................... ¶¶ 46-47
10. Verification ............................................................................... p. 13

COMPLAINT

Plaintiff [PLAINTIFF NAME] (“Plaintiff”), through undersigned counsel, complains of Defendant [DEFENDANT NAME] (“Defendant”) as follows:

PARTIES

1. Plaintiff is an individual residing at [PLAINTIFF ADDRESS], Commonwealth of Massachusetts.
2. Defendant is a [corporation/partnership/individual] with its principal place of business at [DEFENDANT ADDRESS] and owned, maintained, controlled, and/or possessed the premises located at [PREMISES ADDRESS] (the “Premises”).

JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction pursuant to Mass. G.L. c. 212, § 3, because the amount in controversy exceeds $25,000, exclusive of interest and costs.
4. Venue is proper under Mass. G.L. c. 223, § 2 because the cause of action arose in this county and/or Defendant has its usual place of business here.

FACTS COMMON TO ALL COUNTS

5. On or about [INCIDENT DATE] (the “Incident Date”), Plaintiff was lawfully present on the Premises as a(n) [invitee/licensee] for the purpose of [describe purpose, e.g., “shopping for groceries”].
6. At approximately [TIME], Plaintiff slipped and fell on [describe condition: “an accumulation of water and melted ice”] (the “Dangerous Condition”) located in/on [specific location within Premises].
7. The Dangerous Condition was not open and obvious to Plaintiff.
8. Defendant, directly and/or through its agents, employees, or servants, knew or in the exercise of reasonable care should have known of the Dangerous Condition because [insert facts—e.g., reports, surveillance, duration].
9. Defendant failed to inspect, warn of, and/or remediate the Dangerous Condition within a reasonable time.
10. Defendant failed to follow its own written safety policies and industry standards regarding floor maintenance, inspection intervals, and signage.
11. As a direct and proximate result of Defendant’s acts and omissions, Plaintiff fell, sustaining severe bodily injuries including but not limited to [list injuries].
12. Plaintiff was transported by [EMS provider] to [hospital].
13. Plaintiff underwent [surgeries/therapy] and continues to receive medical treatment.
14. Plaintiff has incurred medical expenses in excess of $[AMOUNT] to date and is likely to incur additional expenses.
15. Plaintiff has suffered lost wages of $[AMOUNT] and diminished earning capacity.
16. Plaintiff experiences ongoing pain, suffering, loss of enjoyment of life, and emotional distress.
17. At all relevant times, Defendant owed Plaintiff the duty of reasonable care to maintain the Premises in a reasonably safe condition.
18. Defendant breached that duty as set forth herein.
19. All conditions precedent to filing this action have been satisfied, performed, or waived, including any applicable notice under Mass. G.L. c. 84, §§ 15 & 18.
    [// GUIDANCE: Delete ¶ 19 if the accident did not occur on a “way” or other property subject to Chapter 84.]

COUNT I – NEGLIGENCE (PREMISES LIABILITY)

20. Plaintiff repeats and realleges ¶¶ 1-19.
21. Defendant had actual or constructive notice of the Dangerous Condition.
22. Defendant owed Plaintiff a duty to:
    a. Inspect the Premises at reasonable intervals;
    b. Correct hazardous conditions; and
    c. Warn lawful visitors of hazards it could not immediately correct.
23. Defendant breached its duties by negligently creating, permitting, and/or failing to correct the Dangerous Condition.
24. Defendant further breached its duties by failing to provide adequate warnings, barriers, or signage.
25. Defendant’s negligence was the direct and proximate cause of Plaintiff’s injuries and damages.
26. Pursuant to Mass. G.L. c. 231, § 85, Plaintiff’s recovery, if any comparative negligence is found, shall be diminished in proportion to Plaintiff’s causal negligence, if such negligence is less than 51 percent.
27. Plaintiff was at all times exercising due care.
28. Plaintiff claims interest on any judgment from the date of the commencement of this action in accordance with Mass. G.L. c. 231, § 6B.
29. Defendant’s actions were wanton, reckless, and in utter disregard for the safety of lawful visitors, warranting an award of punitive/exemplary damages where allowed by law.
30. As a result, Plaintiff has suffered the damages described below.

DAMAGES

31. Past and future medical expenses.
32. Past and future lost wages and diminished earning capacity.
33. Pain, suffering, emotional distress, and loss of enjoyment of life.
34. Scarring, disfigurement, and permanent impairment.
35. Household services and out-of-pocket expenses.
36. Pre- and post-judgment interest pursuant to Mass. G.L. c. 231, § 6B.
37. Such other damages as evidence may show and law may allow.

COMPARATIVE FAULT ALLEGATIONS (AFFIRMATIVE ANTICIPATION)

38. Pursuant to Mass. G.L. c. 231, § 85, Defendant bears the burden of proving Plaintiff’s comparative negligence, if any.
39. Plaintiff expressly denies any comparative negligence and asserts that any causal negligence attributable to Plaintiff is less than 51 percent.
40. To the extent Plaintiff is found comparatively negligent, Plaintiff’s damages shall be reduced, but not barred, in accordance with § 85.

JURY DEMAND

41. Plaintiff demands a trial by jury on all issues so triable as a matter of right under Article XV of the Massachusetts Declaration of Rights and Mass. R. Civ. P. 38(b).

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:
42. Enter judgment against Defendant on Count I.
43. Award compensatory damages in an amount to be determined by the jury, but believed to exceed $25,000, plus interest and costs.
44. Award punitive or exemplary damages where permitted by law.
45. Grant such other and further relief as this Court deems just and proper.

RESERVATION OF RIGHTS & MISCELLANEOUS

46. Plaintiff reserves the right to amend this Complaint under Mass. R. Civ. P. 15.
47. Nothing herein shall be construed as a waiver of Plaintiff’s rights under Mass. G.L. c. 93A, common-law theories, or any other statutory claims.

VERIFICATION

I, [PLAINTIFF NAME], declare under the pains and penalties of perjury that I have read the foregoing Complaint and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.

[PLAINTIFF NAME]
Dated: _______

SIGNATURE BLOCK

Respectfully submitted,

[PLAINTIFF NAME]
By counsel,

[ATTORNEY NAME], BBO #__
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
Dated: _______

[// GUIDANCE:
1. Serve Defendant with the Complaint, Summons, and Tracking Order pursuant to Mass. R. Civ. P. 4.
2. Calendar the 20-day answer deadline under Rule 12(a).
3. Preserve all surveillance, incident reports, and third-party contractor contracts via litigation hold letters immediately.]

END OF TEMPLATE