[COURT CAPTION]
IN THE DISTRICT COURT OF THE [_] JUDICIAL DISTRICT
OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF [______]
| PLAINTIFF, | |
| an individual, | |
| Cause No. ______[PLACEHOLDER] | |
| v. | |
| DEFENDANT, | |
| a [corporation/LLC/partnership] organized | |
| under the laws of [STATE] and doing business | |
| in the State of Montana, | |
| Defendant. |
COMPLAINT FOR DAMAGES
(Premises Liability – Slip and Fall)
[// GUIDANCE: Add the judge’s name/department line if your local rules require it.]
TABLE OF CONTENTS
- Parties ............................................................................. 2
- Jurisdiction and Venue .................................................... 2
- Factual Allegations ............................................................ 3
- Causes of Action ................................................................ 4
4.1 Count I – Negligence (Premises Liability) ......................... 4 - Damages ........................................................................... 6
- Prayer for Relief ................................................................. 7
- Jury Demand ..................................................................... 8
- Reservation of Rights ......................................................... 8
- Certification of Service ...................................................... 8
- 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.
[// GUIDANCE: Delete or revise if filing in Justice Court (< $12,000) or Municipal Court.]
3. FACTUAL ALLEGATIONS
3.1 On or about [DATE], Plaintiff lawfully entered the Premises as a[n] [invitee/licensee] for the purpose of [describe purpose, e.g., “purchasing goods”].
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.
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.
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 Montana common law and MCA § 27-1-701, Defendant owed a duty to exercise reasonable care to keep the Premises in a reasonably safe condition for lawful visitors such as Plaintiff.
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 percentage of fault, if any, is less than the fault attributable to Defendant and/or other parties, and Plaintiff’s recovery should only be reduced, not barred, by any comparative fault so determined.
[// GUIDANCE: Plead additional counts (e.g., Negligence Per Se, Failure to Warn, or Respondeat Superior) if the facts support them.]
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.
[// GUIDANCE: Add punitive damages if facts justify under MCA § 27-1-220, keeping in mind the statutory cap.]
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 [_] )
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
[// GUIDANCE: Confirm local signature-formatting requirements (e.g., electronic signatures) before filing.]