Personal Injury Complaint - Slip and Fall

PERSONAL INJURY COMPLAINT — SLIP AND FALL — NORTH CAROLINA

1. CAPTION

STATE OF NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE

[COUNTY] COUNTY — SUPERIOR COURT DIVISION

FILE NO. [________________________________]

COMPLAINT (SLIP-AND-FALL / PREMISES LIABILITY)

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 / other lawful purpose].

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, as owner and/or occupier of the Premises, owed Plaintiff — a lawful visitor on the Premises — a duty to exercise reasonable care in the maintenance of the Premises, including a duty to inspect for hazards, to warn of hidden or concealed dangers, and to take prompt action to eliminate unreasonable risks of harm.

17. Defendant breached the foregoing duty 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. CERTIFICATE 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

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: [_______________]

NORTH CAROLINA PRACTICE NOTES / DRAFTING CHECKLIST

• Premises-liability standard. North Carolina abolished the common-law invitee/licensee distinction in Nelson v. Freeland, 349 N.C. 615, 507 S.E.2d 882 (1998). All lawful visitors — regardless of whether they would formerly have been classified as invitees or licensees — are owed the same duty of reasonable care to keep the premises reasonably safe, inspect for hazards, and warn of hidden dangers. A separate, lower duty (limited to refraining from willful or wanton injury) still applies to trespassers, and that trichotomy tier was not abolished. Paragraph 16 above reflects the single reasonable-care standard rather than invitee-specific language; do not plead "invitee" status as a required element.
• Notice requirements. Paragraph 11 pleads actual/constructive notice in the alternative, consistent with NC case law on premises liability.
• Contributory vs. comparative fault. North Carolina follows pure contributory negligence — one of only a small number of U.S. jurisdictions (with Virginia, Maryland, Alabama, and the District of Columbia) to do so. Any degree of fault by the plaintiff, however slight, bars recovery entirely (subject to the last clear chance doctrine and the gross-negligence/willful-or-wanton exception). Paragraph 19 pre-emptively pleads Plaintiff's due care and invokes last clear chance to counter an anticipated contributory-negligence defense. Amend as strategic considerations dictate.
• Damages caps. North Carolina has no statutory cap on compensatory (economic or noneconomic) damages in ordinary premises-liability/negligence actions. A cap applies only to medical-malpractice noneconomic damages under N.C. Gen. Stat. § 90-21.19 (currently adjusted for inflation every three years), which does not apply here. No cap language is included in this template because none applies to a standard slip-and-fall claim.
• Punitive damages. Not included in this template's causes of action. If facts support fraud, malice, or willful/wanton conduct (N.C. Gen. Stat. § 1D-15), a separate punitive-damages count may be added, subject to the cap in N.C. Gen. Stat. § 1D-25 (greater of three times compensatory damages or $250,000).
• Arbitration/jury. No arbitration provision is included; jury demand preserved per constitutional right (N.C. Const. art. I, § 25) and N.C. R. Civ. P. 38.
• Filing fee and civil summons. Prepare AOC-CV-100 (Civil Summons) concurrently. Confirm the current Superior Court filing fee and sheriff service fee with the Clerk of Superior Court before filing, as these fees are set administratively and change periodically.
• Statute of limitations. Three years for personal injury, N.C. Gen. Stat. § 1-52(16). Confirm the accrual date before filing.
• Pleading strategy. Consider adding a separate count for "Negligent Failure to Warn" if the facts support it; not required, but sometimes advantageous.

SOURCES AND REFERENCES

• N.C. Gen. Stat. §§ 7A-240, 7A-243 (jurisdiction) — https://www.ncleg.gov/
• N.C. Gen. Stat. § 1-82 (venue)
• N.C. Gen. Stat. § 1-52(16) (statute of limitations)
• N.C. Gen. Stat. Chapter 1D (punitive damages)
• N.C. Gen. Stat. § 90-21.19 (medical-malpractice noneconomic damages cap — inapplicable to ordinary premises-liability claims)
• North Carolina Rules of Civil Procedure — https://www.nccourts.gov/
• Nelson v. Freeland, 349 N.C. 615, 507 S.E.2d 882 (1998) (abolishing invitee/licensee distinction; single reasonable-care standard for lawful visitors)
• N.C.P.I. — Civil 805.55 (Duty of Owner to Lawful Visitor)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in North Carolina must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.