Personal Injury Complaint - Slip and Fall

[// =====================================================================]
[// NORTH CAROLINA – SUPERIOR COURT ]
[// FORM COMPLAINT ]
[// =====================================================================]

IN THE GENERAL COURT OF JUSTICE
[COUNTY] COUNTY SUPERIOR COURT
FILE NO. ____________

[PLAINTIFF NAME], )
)
Plaintiff, )
)
v. ) COMPLAINT
) (Slip-and-Fall /
[DEFENDANT NAME], ) Premises Liability)
)
Defendant. )
_______________________________________________________________ )

I. INTRODUCTION

1. This is a civil action for personal injuries sustained by Plaintiff after a
   hazardous slip-and-fall incident on Defendant’s premises located at
   [STREET ADDRESS, CITY, NC] on [DATE] (the “Incident”).

2. Plaintiff seeks compensatory damages in excess of $25,000, together with
   all other relief allowed by North Carolina law.

II. THE PARTIES

3. Plaintiff [FULL LEGAL NAME] (“Plaintiff”) is a resident of
   [COUNTY] County, North Carolina, and was lawfully on the Premises at
   all relevant times.

4. Defendant [FULL LEGAL NAME] (“Defendant”) is a [North Carolina
   corporation / limited liability company / individual] with its principal
   place of business at [ADDRESS], and owns, leases, manages, and/or
   controls the premises commonly known as [BUSINESS NAME].

5. At all times material hereto, Defendant was acting by and through its
   agents, servants, and/or employees, each of whom was acting within the
   course and scope of his or her employment and with Defendant’s express
   or implied authority.

III. JURISDICTION AND VENUE

6. This Court has subject-matter jurisdiction pursuant to N.C. Gen. Stat.
   § 7A-240 and § 7A-243 because the amount in controversy exceeds
   $25,000.

7. Venue is proper in this County under N.C. Gen. Stat. § 1-82 because the
   causes of action arose here and Defendant conducts business here.

IV. FACTUAL ALLEGATIONS

8. On [DATE], Plaintiff lawfully entered the premises owned, operated,
   and/or controlled by Defendant (the “Premises”) during normal business
   hours for the purpose of [shopping / dining / business invitee].

9. While walking in the [SPECIFIC LOCATION—e.g., main aisle near the
   dairy coolers], Plaintiff encountered a hazardous substance/condition,
   specifically [DESCRIPTION OF CONDITION, e.g., “a transparent
   puddle of liquid on the polished tile floor”] (the “Dangerous Condition”).

10. The Dangerous Condition was not open and obvious to Plaintiff, who at
    all times exercised reasonable care for her own safety.

11. Defendant, through its agents or employees, (a) created the Dangerous
    Condition; and/or (b) had actual knowledge of the Dangerous Condition;
    and/or (c) had constructive notice of the Dangerous Condition because it
    existed for a sufficient length of time and under circumstances such that
    Defendant, in the exercise of reasonable care, should have discovered and
    remedied it.

12. Defendant failed to (a) inspect, (b) maintain, (c) warn of, and/or
    (d) remedy the Dangerous Condition, thereby breaching its duty to keep
    the Premises in a reasonably safe condition for lawful visitors.

13. As a direct and proximate result of Defendant’s negligence, Plaintiff
    slipped, fell, and sustained severe bodily injuries including, but not
    limited to, [LIST PRIMARY INJURIES—e.g., “a fractured left hip and
    lumbar spine injuries”].

14. Plaintiff has incurred and will continue to incur medical expenses, lost
    wages, pain and suffering, permanent impairment, and other special and
    general damages.

V. FIRST CAUSE OF ACTION
(Negligence – Premises Liability Against Defendant)

15. Plaintiff realleges and incorporates by reference ¶¶ 1-14 as if fully set
    forth herein.

16. Defendant owed Plaintiff, a lawful invitee, a non-delegable duty to
    maintain the Premises in a reasonably safe condition, to inspect for
    hazards, to warn of concealed dangers, and to take prompt action to
    eliminate unreasonable risks of harm.

17. Defendant breached the foregoing duties by, inter alia:

a. Allowing the Dangerous Condition to exist;
b. Failing to inspect and discover the Dangerous Condition in a timely
manner;
c. Failing to warn Plaintiff of the Dangerous Condition; and/or
d. Failing to timely clean, repair, or cordon off the Dangerous
Condition.

18. Defendant’s breach was the direct and proximate cause of Plaintiff’s
    injuries and resulting damages.

19. Plaintiff exercised due care and was not contributorily negligent.
    Alternatively, the doctrine of last clear chance applies to bar the defense
    of contributory negligence, if any is alleged.

VI. DAMAGES

20. As a direct and proximate result of Defendant’s negligence, Plaintiff has
    suffered:

a. Past and future medical expenses currently estimated at
$[AMOUNT];
b. Past and future lost wages and diminished earning capacity;
c. Physical pain and mental suffering, both past and future;
d. Permanent injury and loss of enjoyment of life; and
e. Any other damages allowed by law.

21. Plaintiff seeks all compensatory damages recoverable under North
    Carolina law, together with pre- and post-judgment interest as allowed.

VII. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court:

A. Enter judgment in favor of Plaintiff and against Defendant for
compensatory damages in an amount to be determined by a jury, but
exceeding $25,000;

B. Award costs of this action as provided by law;

C. Award pre-judgment and post-judgment interest as allowed by law;

D. Tax discretionary costs, including expert-witness fees, to Defendant;

E. Grant such other and further relief as the Court deems just and proper.

VIII. JURY DEMAND
Plaintiff hereby demands a trial by jury on all issues so triable as a matter of
right pursuant to Article I, § 25 of the North Carolina Constitution and Rule 38
of the North Carolina Rules of Civil Procedure.

IX. CERTIFICATION OF SERVICE
I hereby certify that I have this day served a copy of the foregoing Complaint
upon Defendant by [PERSONAL SERVICE / CERTIFIED MAIL, RETURN
RECEIPT REQUESTED / DESIGNATED DELIVERY SERVICE] addressed to:

[DEFENDANT NAME]
c/o [REGISTERED AGENT / OFFICE]
[ADDRESS]

This the ___ day of __________, 20___.

_____________________________________
[ATTORNEY NAME], Esq. (N.C. Bar No. ___)
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY], NC [ZIP]
Telephone: (___) ___-____
Facsimile: (___) ___-____
Email: [EMAIL]
Counsel for Plaintiff

X. VERIFICATION
STATE OF NORTH CAROLINA )
) ss.
COUNTY OF _____________ )

The undersigned, being first duly sworn, deposes and says that he/she is
the Plaintiff in the foregoing action; that he/she has read the foregoing
Complaint and knows the contents thereof; and that the same is true of his/her
own knowledge except as to those matters stated upon information and belief,
and as to those matters he/she believes them to be true.

___________________________________
[PLAINTIFF NAME]

Subscribed and sworn before me
this ___ day of ____________, 20___.

___________________________________
Notary Public
My commission expires: ____________

[// =====================================================================]
[// DRAFTING NOTES & CHECKLIST ]
[// =====================================================================]

1. Premises Liability Standards:
   • Allegations in ¶¶ 8-14, 16-19 specifically track NC premises liability
   elements (duty, breach, notice, causation, damages).

2. Notice Requirements:
   • ¶ 11 pleads actual/constructive notice in the alternative, satisfying
   NC case-law standards without citing cases.

3. Comparative vs. Contributory Fault:
   • NC follows pure contributory negligence. ¶ 19 pre-emptively pleads
   Plaintiff’s due care and invokes last clear chance doctrine to counter a
   contributory negligence defense. Amend as strategic considerations
   dictate.

4. Damages Caps:
   • NC has no statutory cap on general negligence damages (caps apply to
   medical malpractice only). No cap language included, consistent with
   metadata.

5. Arbitration / Jury:
   • No arbitration provision is included; jury demand preserved per
   constitutional right.

6. Filing Fee & Civil Summons:
   • Prepare AOC-CV-100 (Civil Summons) concurrently. Superior Court
   filing fee presently $200. Confirm current fee schedule before filing.

7. Service Considerations:
   • Personal service by sheriff in NC costs $30 per defendant. Certified
   mail is permissible; retain green card for proof.

8. Statute of Limitations:
   • Three (3) years for personal injury, N.C. Gen. Stat. § 1-52(16). Confirm
   accrual date before filing.

9. Pleading Strategy:
   • Consider adding a separate count for “Negligent Failure to Warn” if
   factual basis exists; not required but sometimes advantageous.

[// =====================================================================]