IN THE CIRCUIT COURT OF [___] COUNTY, MISSISSIPPI
[PLAINTIFF FULL NAME],
Plaintiff,
v. Civil Action No.: _
[DEFENDANT LEGAL NAME],
Defendant.
COMPLAINT FOR PERSONAL INJURY – SLIP AND FALL
[// GUIDANCE: This template complies with the Mississippi Rules of Civil Procedure (“MRCP”) and incorporates Mississippi premises-liability standards, comparative-fault principles (Miss. Code Ann. § 11-7-15), and statutory damage-cap considerations (Miss. Code Ann. § 11-1-60). Replace all bracketed text before filing.]
TABLE OF CONTENTS
1. Parties ............................................................................................. ¶ 1
2. Jurisdiction & Venue ................................................................ ¶ 2
3. Factual Allegations ................................................................... ¶ 3–10
4. Count I – Premises Liability Negligence ............................ ¶ 11–17
5. Damages ...................................................................................... ¶ 18–22
6. Comparative Fault Allegation & Reservation ..................... ¶ 23
7. Prayer for Relief ........................................................................ ¶ 24
8. Demand for Jury Trial ................................................................ ¶ 25
9. Reservation of Right to Amend ........................................... ¶ 26
10. Certification & Signature Block ......................................... p. 8
11. Certificate of Service ............................................................ p. 9
COMPLAINT
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PARTIES
1.1 Plaintiff [PLAINTIFF FULL NAME] (“Plaintiff”) is an adult resident citizen of [COUNTY], Mississippi, whose address is [____].
1.2 Defendant [DEFENDANT LEGAL NAME] (“Defendant”) is a [corporation/LLC/partnership/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and may be served through its registered agent, [NAME], at [SERVICE ADDRESS].
select one -
JURISDICTION AND VENUE
2.1 This Court has subject-matter jurisdiction under Miss. Const. art. 6, § 156 and MRCP 2.
2.2 Venue is proper in this County under Miss. Code Ann. § 11-11-3 because the incident giving rise to this action occurred within this County and/or Defendant conducts substantial business herein.
2.3 The amount in controversy exceeds the jurisdictional minimum of this Court. -
FACTUAL ALLEGATIONS
3.1 On or about [DATE], Plaintiff lawfully entered Defendant’s premises located at [ADDRESS] (the “Premises”) as an [invitee/licensee].
3.2 While traversing a pedestrian walkway/flooring area near [SPECIFIC LOCATION], Plaintiff suddenly slipped and fell due to the presence of [water/oil/foreign substance/debris] (the “Hazard”).
3.3 The Hazard was not open and obvious to Plaintiff.
3.4 Defendant knew or, in the exercise of reasonable care, should have known of the Hazard’s existence and failed to correct it or warn Plaintiff.
3.5 Defendant failed to implement reasonable inspection, maintenance, and safety policies to identify and remediate such hazards.
3.6 As a direct and proximate result of Defendant’s acts and omissions, Plaintiff sustained bodily injuries including but not limited to [describe injuries], resulting in pain, suffering, disability, medical expenses, lost wages, and other damages.
3.7 Plaintiff complied with any and all applicable statutory or contractual notice requirements prior to filing this suit.
*select all that apply -
COUNT I – PREMISES LIABILITY NEGLIGENCE
4.1 Plaintiff realleges the foregoing paragraphs as if fully set forth herein.
4.2 Defendant owed Plaintiff, an [invitee/licensee] on the Premises, a duty to exercise reasonable care to keep the Premises in a reasonably safe condition and to warn of dangerous conditions not reasonably apparent to Plaintiff.
4.3 Defendant breached that duty by:
a. Failing to maintain the flooring area in a reasonably safe condition;
b. Failing to timely inspect and remedy the Hazard;
c. Failing to post warnings or barricades; and
d. Such other acts or omissions as may be shown at trial.
4.4 Defendant’s breach was a direct and proximate cause of Plaintiff’s injuries and damages.
4.5 Accordingly, Defendant is liable to Plaintiff under Mississippi premises-liability law. -
DAMAGES
5.1 Plaintiff seeks compensatory damages for:
a. Past and future medical expenses;
b. Past and future lost wages and diminished earning capacity;
c. Past and future physical pain, mental anguish, and loss of enjoyment of life;
d. Permanent impairment and disfigurement; and
e. Any and all other damages recoverable under Mississippi law.
5.2 Plaintiff further seeks all allowable prejudgment and post-judgment interest, court costs, and discretionary costs.
5.3 Plaintiff does not seek noneconomic damages in excess of the statutory caps set forth in Miss. Code Ann. § 11-1-60, and pleads such damages subject to those limitations.
[// GUIDANCE: Mississippi does not provide for punitive damages in ordinary negligence without clear and convincing proof of willful or reckless conduct. Add a separate punitive-damages count only if facts warrant.] -
COMPARATIVE FAULT ALLEGATION & RESERVATION
6.1 Plaintiff’s fault, if any, does not exceed Defendant’s fault. Pursuant to Miss. Code Ann. § 11-7-15, any award of damages shall be reduced only by the percentage of fault, if any, attributed to Plaintiff.
6.2 Plaintiff reserves the right to assert defenses to any affirmative comparative-fault allegations. -
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays for entry of judgment against Defendant as follows:
A. Actual and compensatory damages in an amount to be determined by the jury, consistent with Mississippi law and statutory caps;
B. Pre- and post-judgment interest as allowed by law;
C. All taxable costs and discretionary costs;
D. Such limited injunctive relief as may be necessary to preserve evidence or prevent spoliation; and
E. Such other and further relief as the Court deems just and proper. -
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all issues so triable. -
RESERVATION OF RIGHT TO AMEND
Plaintiff reserves the right to amend this Complaint to conform to the evidence and to add additional parties, claims, or damages as discovery may warrant, pursuant to MRCP 15.
CERTIFICATION & SIGNATURE BLOCK
Pursuant to MRCP 11, the undersigned counsel certifies that he/she has read the foregoing Complaint, that to the best of his/her knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose.
Respectfully submitted this ___ day of [MONTH], 20__.
[LAW FIRM NAME]
By: /s/ [ATTORNEY NAME]
[ATTORNEY NAME] (MSB #______)
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of [MONTH], 20__, I served a true and correct copy of the foregoing Complaint upon all counsel and parties of record via [MEC electronic filing/U.S. Mail/hand delivery]* in accordance with MRCP 5.
/s/ [ATTORNEY NAME]
[ATTORNEY NAME]
[// GUIDANCE: Verify service method; Mississippi Electronic Courts (“MEC”) governs e-filing in circuit courts that have adopted MEC. If the county is non-MEC, use traditional methods.]
END OF DOCUMENT