IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI
[DIVISION] DIVISION
[PLAINTIFF LEGAL NAME], )
)
Plaintiff, )
)
v. ) Case No. _____
)
[DEFENDANT LEGAL ENTITY NAME], )
Serve: [Registered Agent Name] )
[Registered Agent Address] )
)
Defendant. )
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COMPLAINT FOR PERSONAL INJURY – PREMISES LIABILITY
(SLIP AND FALL INCIDENT)
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[// GUIDANCE: This template complies with Missouri Rules of Civil Procedure (Rule 55) and incorporates Missouri-specific statutory references where accuracy is certain. Bracketed text signals customizable fields.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Parties, Jurisdiction & Venue
- Factual Allegations
- Count I – Negligence (Premises Liability)
- Damages
- Demand for Jury Trial
- Prayer for Relief
- Reservation of Rights
- Verification
- Certificate of Service
1. DOCUMENT HEADER
1.1 Identification of Parties.
Plaintiff [PLAINTIFF LEGAL NAME] (“Plaintiff”) brings this action against [DEFENDANT LEGAL ENTITY NAME] (“Defendant”).
1.2 Effective Date of Filing.
This Complaint is filed on [DATE] in the Circuit Court of [COUNTY] County, Missouri pursuant to Missouri Supreme Court Rule 55.
2. DEFINITIONS
For clarity and consistency, the following capitalized terms shall have the meanings set forth below:
“Complaint” – this pleading, including all exhibits and schedules, as the same may be amended pursuant to court order or Rule 55.
“Dangerous Condition” – the specific hazardous substance, defect, or obstruction on the Premises that caused Plaintiff’s fall.
“Incident Date” – [DATE OF FALL].
“Premises” – the real property, building(s), and appurtenant areas located at [STREET ADDRESS, CITY, MO ZIP] owned, operated, leased or controlled by Defendant.
[// GUIDANCE: Add or delete defined terms to suit the facts. Ensure internal consistency whenever terms are modified.]
3. PARTIES, JURISDICTION & VENUE
3.1 Plaintiff.
Plaintiff is a resident of [COUNTY] County, Missouri, over the age of eighteen, and competent to sue in her/his own name.
3.2 Defendant.
Defendant is a [TYPE OF ENTITY, e.g., Missouri corporation] authorized to conduct business in Missouri with its principal place of business at [ADDRESS] and may be served as stated in the caption.
3.3 Jurisdiction.
This Court has subject-matter jurisdiction over this action pursuant to Mo. Const. art. V, § 14 and personal jurisdiction over Defendant because Defendant transacts business in Missouri and the events giving rise to this action occurred in Missouri.
3.4 Venue.
Venue is proper in this Court under Mo. Rev. Stat. § 508.010 because the cause of action arose in [COUNTY] County and/or Defendant’s registered or principal office is located here.
4. FACTUAL ALLEGATIONS
4.1 On or about the Incident Date, Plaintiff was an [invitee/licensee] lawfully present on the Premises.
4.2 A Dangerous Condition, specifically [describe substance/defect, e.g., “an accumulation of liquid near the checkout area”], existed on a walking surface intended for customer use.
4.3 Defendant, through its agents and employees, (a) created the Dangerous Condition, (b) had actual knowledge of the Dangerous Condition, and/or (c) had constructive notice of the Dangerous Condition because it existed for a sufficient period that Defendant, in the exercise of ordinary care, should have discovered and remedied it.
4.4 Defendant failed to exercise reasonable care to inspect, maintain, and make safe the Premises, and failed to warn Plaintiff of the Dangerous Condition.
4.5 As Plaintiff negotiated the area, Plaintiff slipped/tripped on the Dangerous Condition and fell, sustaining serious bodily injuries.
4.6 Plaintiff’s injuries include, but are not limited to, [list injuries], resulting in medical expenses, lost wages, pain, suffering, emotional distress, and other damages as set forth below.
5. COUNT I – NEGLIGENCE (PREMISES LIABILITY)
5.1 Plaintiff realleges and incorporates by reference Paragraphs 4.1 through 4.6 as though fully set forth herein.
5.2 Duty. Defendant owed Plaintiff, an [invitee/licensee], 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.
5.3 Breach. Defendant breached its duty by:
a. Failing to remedy or remove the Dangerous Condition;
b. Failing to warn Plaintiff of the Dangerous Condition; and
c. Failing to implement and follow reasonable inspection and maintenance procedures.
5.4 Causation. Defendant’s breach was the direct and proximate cause of Plaintiff’s fall and injuries.
5.5 Damages. Plaintiff suffered the damages described in Section 6, which were reasonably foreseeable to Defendant.
5.6 Comparative Fault Compliance. Under Missouri’s pure comparative fault regime, Mo. Rev. Stat. § 537.765, Plaintiff’s recovery shall be reduced, if at all, only by the percentage of fault, if any, attributed to Plaintiff by the trier of fact.
6. DAMAGES
Pursuant to Mo. Rev. Stat. § 537.090 and other applicable law, Plaintiff seeks:
a. Past and future medical expenses;
b. Past and future lost wages and loss of earning capacity;
c. Past and future pain, suffering, and mental anguish;
d. Incidental and consequential damages;
e. Pre-judgment and post-judgment interest as allowed by law; and
f. Such other relief as the Court deems just and proper.
[// GUIDANCE: Missouri generally imposes no statutory cap on non-economic damages in ordinary premises-liability actions; however, confirm no special statutory limitations apply to the specific facts (e.g., claims against governmental entities).]
7. DEMAND FOR JURY TRIAL
Plaintiff hereby demands trial by jury on all issues so triable as a matter of right pursuant to Mo. Const. art. I, § 22(a) and Rule 69.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court:
- Enter judgment in favor of Plaintiff and against Defendant;
- Award compensatory damages in an amount that is fair and reasonable, to be determined at trial;
- Award prejudgment and post-judgment interest as permitted by law;
- Tax costs against Defendant; and
- Grant such other and further relief as the Court deems just and proper.
9. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to conform to the evidence and to add additional parties, counts, or claims as discovery reveals.
10. VERIFICATION (Optional but recommended for evidentiary weight)
I, [PLAINTIFF NAME], being duly sworn, state that I have read the foregoing Complaint, know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.
Date: ______
[PLAINTIFF NAME]
STATE OF MISSOURI )
) ss.
COUNTY OF __ )
Subscribed and sworn to before me this ___ day of ____, 20__, by [PLAINTIFF NAME].
Notary Public
My Commission Expires: _____
[// GUIDANCE: Verification is not mandatory under Missouri Rule 55 for negligence complaints, but may deter unsupported affirmative defenses.]
11. CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of ____, 20__, a true and correct copy of the foregoing Complaint was served upon all counsel of record and/or the Defendant via [method of service permitted by Rule 54].
[ATTORNEY NAME], Mo. Bar No. ______
[Law Firm Name]
[Street Address]
[City, State ZIP]
Phone: [###-###-####]
Email: [[email protected]]
Attorney for Plaintiff
[// GUIDANCE:
1. Confirm compliance with local rules regarding font size, page limits, and electronic filing.
2. Attach exhibits such as photographs, incident reports, or medical bills if doing so will not prematurely disclose strategy.
3. If suing a governmental entity, incorporate the notice and sovereign-immunity exceptions under Mo. Rev. Stat. §§ 537.600–537.610.
4. Evaluate pre-suit settlement demands; Missouri allows the inclusion of the “§ 537.058 settlement affidavit” where applicable.
]