Personal Injury Complaint - Slip and Fall

COURT CAPTION

IN THE DISTRICT COURT OF THE [NUMBER] JUDICIAL DISTRICT
OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF [COUNTY]

COMPLAINT FOR DAMAGES
(Premises Liability – Slip and Fall)

TABLE OF CONTENTS

1. Parties ............................................................................. 2
2. Jurisdiction and Venue .................................................... 2
3. Factual Allegations ............................................................ 3

4. Causes of Action ................................................................ 4
   4.1 Count I – Negligence (Premises Liability) ......................... 4

5. Damages ........................................................................... 6

6. Prayer for Relief ................................................................. 7
7. Jury Demand ..................................................................... 8
8. Reservation of Rights ......................................................... 8
9. Certification of Service ...................................................... 8
10. Verification (Optional) ...................................................... 9

1. PARTIES

1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual resident of [COUNTY], Montana.

1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is a [corporation/limited liability company/partnership] duly organized under the laws of [STATE] with its principal place of business at [ADDRESS] and, at all times relevant, owned, leased, occupied, managed, and/or controlled the premises located at [PREMISES ADDRESS] in [COUNTY], Montana (“Premises”).

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction pursuant to Mont. Const. art. VII, § 4 and Montana Code Annotated (“MCA”) Title 3, Chapter 5.

2.2 Venue is proper in this Court under MCA § 25-2-122 because the wrongful acts and omissions alleged herein occurred in this County and Defendant resides, does business, or may be found in this County.

2.3 The amount in controversy exceeds the jurisdictional minimum of this Court.

3. FACTUAL ALLEGATIONS

3.1 On or about [DATE], Plaintiff lawfully entered the Premises for the purpose of [describe purpose, e.g., “purchasing goods”]. Under Montana law, Defendant, as the owner/possessor of the Premises, owed Plaintiff a uniform duty of reasonable care regardless of Plaintiff’s status as an invitee, licensee, or otherwise, Montana having abolished the common-law invitee/licensee/trespasser distinctions in favor of a single reasonable-care standard owed to all lawful entrants. Richardson v. Corvallis Pub. Sch. Dist. No. 1, 286 Mont. 309, 950 P.2d 748 (1997).

3.2 A dangerous condition existed on the Premises, to wit: [e.g., “an accumulation of liquid on the floor near the customer entrance”] (“Dangerous Condition”).

3.3 Defendant, through its employees or agents, created the Dangerous Condition and/or had actual or constructive notice of the Dangerous Condition for a period sufficient to discover and remedy it through the exercise of ordinary care. The Dangerous Condition constituted either (a) a hidden or lurking danger of which Defendant knew or should have known, or (b) an open and obvious danger that Defendant should have anticipated would cause harm to persons on the Premises notwithstanding its obviousness. Richardson, 286 Mont. at 321, 950 P.2d at 755-56.

3.4 Defendant failed to:
 (a) maintain the Premises in a reasonably safe condition;
 (b) timely inspect the Premises;
 (c) remedy, remove, or barricade the Dangerous Condition; and/or
 (d) warn Plaintiff of the Dangerous Condition, whether hidden or open and obvious, where Defendant should have anticipated that the condition would cause harm.

3.5 As a direct and proximate result of Defendant’s acts and omissions, Plaintiff slipped, fell, and sustained serious bodily injuries, including but not limited to [describe injuries], incurring medical expenses, loss of income, pain, suffering, and other damages.

3.6 Plaintiff provided timely notice of the incident and resulting injuries to Defendant on [DATE] in accordance with Montana law and to preserve evidence.

4. CAUSES OF ACTION

4.1 Count I – Negligence (Premises Liability)

4.1.1 Plaintiff realleges and incorporates by reference Paragraphs 1.1 through 3.6 above as though fully set forth herein.

4.1.2 Under MCA § 27-1-701 and Montana’s uniform premises-liability standard, Defendant owed Plaintiff a duty to exercise reasonable care to keep the Premises reasonably safe for all persons foreseeably on the Premises, including a duty to warn of hidden or lurking dangers and of open and obvious dangers that Defendant should have anticipated would cause harm, without regard to Plaintiff’s status as an invitee, licensee, or otherwise. Richardson v. Corvallis Pub. Sch. Dist. No. 1, 286 Mont. 309, 950 P.2d 748 (1997).

4.1.3 Defendant breached that duty by the acts and omissions detailed in Paragraph 3.4.

4.1.4 Defendant’s breach was the actual and proximate cause of Plaintiff’s injuries and damages.

4.1.5 Pursuant to Montana’s comparative-fault statute, MCA § 27-1-702, Plaintiff’s fault, if any, is not greater than the combined negligence of Defendant and any other persons against whom recovery is sought, such that Plaintiff’s recovery is reduced only in proportion to Plaintiff’s percentage of fault, if any, and is not barred.

5. DAMAGES

Subject to proof at trial, Plaintiff seeks recovery of the following categories of damages:

(a) Past and future medical expenses;
(b) Past and future loss of earnings and/or earning capacity;
(c) Past and future physical pain and mental suffering;
(d) Emotional distress;
(e) Loss of enjoyment of life;
(f) Incidental and out-of-pocket expenses;
(g) Pre-judgment and post-judgment interest as allowed by law;
(h) Costs of suit as provided in MCA Title 25, Chapter 10; and
(i) Such other and further relief as the Court deems just and proper.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:

1. For general and special damages in amounts to be proven at trial;
2. For costs of suit herein incurred;
3. For pre-judgment and post-judgment interest as provided by law;
4. For such other and further relief as the Court deems just and proper.

7. JURY DEMAND

Pursuant to Mont. Const. art. II, § 26 and Rule 38 of the Montana Rules of Civil Procedure, Plaintiff hereby demands a trial by jury on all issues so triable.

8. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to conform to proof, add additional defendants, and assert additional causes of action as discovery proceeds.

9. CERTIFICATE OF SERVICE

I certify that on the ___ day of __________ 20__, a true and correct copy of the foregoing Complaint was served upon the following counsel/parties by [method of service] pursuant to M. R. Civ. P. 5:

[NAME & ADDRESS OF OPPOSING COUNSEL OR DEFENDANT]

/s/ [ATTORNEY NAME]
[ATTORNEY NAME], Attorney for Plaintiff

10. VERIFICATION (Optional)

STATE OF MONTANA )
) ss.
COUNTY OF [COUNTY] )

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I have read the foregoing Complaint, know the contents thereof, and believe the same to be true and correct to the best of my knowledge, information, and belief.

____________________________________
[PLAINTIFF NAME]

Subscribed and sworn before me this ___ day of __________ 20__.

____________________________________
Notary Public for the State of Montana
Residing at: ________________________
My commission expires: ______________

SIGNATURE BLOCK

Respectfully submitted this ___ day of __________ 20__.

[LAW FIRM NAME]
By: /s/ [ATTORNEY NAME]
[ATTORNEY NAME]
Montana Bar No. [___]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff