IN THE [PLACEHOLDER: NAME OF COURT]
[// GUIDANCE: Circuit Court (§600.601, et seq.) for the county where the incident occurred is typical in MI. Replace with proper venue.]
[PLACEHOLDER: COUNTY], STATE OF MICHIGAN
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v. Civil Action No. ______
[DEFENDANT FULL LEGAL NAME(S)],
Defendant(s). Hon. _______
COMPLAINT AND JURY DEMAND
(Premises Liability – Slip and Fall)
TABLE OF CONTENTS
- Document Header (Caption)
- Definitions
- Parties
- Jurisdiction and Venue
- Factual Allegations
- Counts
6.1 Count I – Premises Liability (Negligence)
6.2 Count II – Alternative/Additional Theories (optional) - Damages
- Comparative Fault Allegations
- Conditions Precedent & Notice Compliance
- Prayer for Relief
- Jury Demand
- Verification
- Signature Block
1. DOCUMENT HEADER
This civil action arises from personal injuries sustained by Plaintiff in a slip-and-fall incident on the Premises owned, possessed, and/or controlled by Defendant(s). Plaintiff seeks compensatory and all other available damages under Michigan law.
Effective Date of Filing: [PLACEHOLDER: DATE]
Governing Law: Michigan substantive law, including but not limited to the premises-liability and comparative-fault provisions of the Revised Judicature Act of 1961, MCL 600.101 et seq.
2. DEFINITIONS
For purposes of this Complaint:
2.1 “Premises” means the real property and appurtenant structures located at [PLACEHOLDER: STREET ADDRESS, CITY, MI ZIP] owned, leased, managed, or otherwise controlled by Defendant(s) at all relevant times.
2.2 “Incident” means the slip-and-fall event that occurred on or about [PLACEHOLDER: DATE] on the Premises.
2.3 “Dangerous Condition” means the [PLACEHOLDER: e.g., accumulation of ice/water, uneven flooring, foreign substance] that existed on the Premises and proximately caused the Incident.
3. PARTIES
3.1 Plaintiff.
[PLACEHOLDER: PLAINTIFF NAME] is an individual resident of [PLACEHOLDER: COUNTY], Michigan, over the age of eighteen, who suffered bodily injury and other damages as a result of the Incident.
3.2 Defendant(s).
a. [PLACEHOLDER: DEFENDANT LEGAL NAME] is a [PLACEHOLDER: CORPORATE FORM / INDIVIDUAL] with its principal place of business at [PLACEHOLDER] and at all relevant times owned, possessed, maintained, and/or controlled the Premises.
b. (Add additional defendants as needed, e.g., property-manager, snow-removal contractor, etc.).
4. JURISDICTION AND VENUE
4.1 This Court has subject-matter jurisdiction under MCL 600.605 because the amount in controversy exceeds $25,000, exclusive of interest, costs, and attorney fees.
4.2 Venue is proper in this Court under MCL 600.1621(a) because Defendant(s) reside(s), have a registered office, and/or conduct business in this county, and the cause of action arose here.
4.3 Defendant(s) are subject to personal jurisdiction in Michigan pursuant to MCL 600.711–.715 by virtue of their domicile, presence, or business operations in the state.
5. FACTUAL ALLEGATIONS
5.1 On [PLACEHOLDER: DATE/TIME], Plaintiff lawfully entered the Premises as a(n) [PLACEHOLDER: invitee/licensee].
5.2 A Dangerous Condition existed on the Premises, specifically [PLACEHOLDER: detailed description].
5.3 Defendant(s), by themselves and/or through agents, knew or should have known of the Dangerous Condition because [PLACEHOLDER: constructive/actual notice facts].
5.4 Defendant(s) failed to inspect, warn of, or remedy the Dangerous Condition within a reasonable time.
5.5 As Plaintiff traversed the [PLACEHOLDER: location on Premises], Plaintiff slipped/tripped and fell due to the Dangerous Condition, sustaining injuries including but not limited to [PLACEHOLDER: nature of injuries].
5.6 Plaintiff incurred and continues to incur medical expenses, lost wages, pain and suffering, mental anguish, and other damages directly resulting from Defendant(s)’ negligence.
6. COUNTS
6.1 COUNT I – PREMISES LIABILITY (NEGLIGENCE)
6.1.1 Defendant(s) owed Plaintiff, as a lawful [invitee/licensee], a duty to exercise reasonable care to maintain the Premises in a safe condition, including the duties to inspect, detect, correct, and/or warn of hazardous conditions.
6.1.2 Defendant(s) breached that duty by:
a. Failing to properly maintain the area;
b. Failing to remove or mitigate the Dangerous Condition;
c. Failing to place warning signs or barricades; and
d. Otherwise acting and/or omitting to act in a negligent manner.
6.1.3 Defendant(s)’ breach was the factual and proximate cause of Plaintiff’s injuries and damages.
6.1.4 Plaintiff is entitled to recover past and future economic and non-economic damages in an amount to be proven at trial.
6.2 COUNT II – ALTERNATIVE/ADDITIONAL THEORIES (Optional)
[// GUIDANCE: Insert additional counts as warranted—e.g., Negligence Per Se (building-code violation), Nuisance, Loss of Consortium for spouse, etc.]
7. DAMAGES
7.1 Pursuant to MCL 600.6304, Plaintiff seeks allocation of fault among all responsible persons and entities.
7.2 Plaintiff seeks recovery of:
a. Past and future medical expenses;
b. Past and future lost earnings and earning capacity;
c. Past and future pain, suffering, emotional distress, and mental anguish;
d. Household and nursing services;
e. Pre- and post-judgment interest as allowed by law;
f. Costs and attorney fees as allowed; and
g. Any other relief the Court deems just.
[// GUIDANCE: Michigan has no statutory cap on non-economic damages for standard premises liability; however, wrongful death or governmental-defect claims differ. Adjust accordingly.]
8. COMPARATIVE FAULT ALLEGATIONS
8.1 Plaintiff denies any comparative negligence but pleads, pursuant to MCL 600.2957, that any comparative fault attributable to Plaintiff, if proven, shall proportionally reduce—not bar—recoverable damages.
8.2 Defendant(s) bear the burden of proving comparative fault and must affirmatively plead such defenses.
9. CONDITIONS PRECEDENT & NOTICE COMPLIANCE
9.1 All conditions precedent to filing this action have been satisfied, waived, or excused.
9.2 To the extent any statutory notice is required (e.g., governmental defendants under MCL 691.1404), Plaintiff has provided timely and sufficient notice, true and correct copies of which are attached as Exhibit A.
10. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff’s favor and against Defendant(s) jointly and severally for:
a. Compensatory damages in an amount in excess of $25,000 to be determined by the trier of fact;
b. Pre- and post-judgment interest as permitted by law;
c. Taxable costs and attorney fees as allowed;
d. Any equitable relief necessary to make Plaintiff whole; and
e. Such other and further relief as the Court deems just and proper.
11. JURY DEMAND
Pursuant to Mich. Const. 1963, art. 1, § 14 and MCR 2.508, Plaintiff DEMANDS A TRIAL BY JURY on all triable issues.
12. VERIFICATION
I, [PLACEHOLDER: PLAINTIFF NAME], state that I have read the foregoing Complaint, know its contents, and, based on information and belief formed after reasonable inquiry, believe the same to be true.
[// GUIDANCE: Court rules permit attorney signatures without verification, but many courts prefer or require plaintiff verification in personal-injury matters.]
13. SIGNATURE BLOCK
Respectfully submitted,
[PLACEHOLDER: ATTORNEY NAME] (P[BAR NO.])
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff
Date: _____
OPTIONAL NOTARIZATION
State of Michigan )
County of __ )
Subscribed and sworn before me on __, 20, by [PLAINTIFF NAME].
Notary Public, State of Michigan
My Commission Expires: __
[// GUIDANCE: Attach all referenced exhibits (e.g., medical bills, photographs, notice letters) before filing. Confirm compliance with MCR 2.113(C) formatting, page limits, and electronic filing protocols for the selected court.]