IN THE DISTRICT COURT OF [COUNTY] COUNTY
STATE OF NORTH DAKOTA
[PLAINTIFF FULL LEGAL NAME],
an individual,
Plaintiff,
v. Civil No. __
[DEFENDANT FULL LEGAL NAME],
a [North Dakota] [corporation/limited liability company/individual/etc.],
Defendant.
VERIFIED COMPLAINT – PREMISES LIABILITY
(PERSONAL INJURY – SLIP AND FALL)
[// GUIDANCE: Insert the appropriate county and judicial district. North Dakota district courts are organized by county within eight judicial districts.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue, & Parties
- Factual Allegations
- Causes of Action
5.1 Negligence – Premises Liability
5.2 Negligence Per Se (optional) - Comparative Fault Allegations
- Damages
- Reservation of Rights & Injunctive Relief
- Demand for Jury Trial
- Prayer for Relief
- Certification & Verification
1. DOCUMENT HEADER
1.1 Plaintiff, [Plaintiff Full Legal Name] (“Plaintiff”), for his/her Complaint against [Defendant Full Legal Name] (“Defendant”), alleges upon personal knowledge as to facts concerning Plaintiff and upon information and belief as to all other matters, as follows.
1.2 This action seeks monetary damages for personal injuries sustained by Plaintiff on or about [Date of Incident] at Defendant’s premises located at [Premises Address] in [City], North Dakota.
2. DEFINITIONS
The following capitalized terms shall have the meanings set forth below:
“Incident” means the slip and fall event that occurred on [Date of Incident] on the Premises.
“Premises” means Defendant’s real property and all appurtenant sidewalks, entryways, parking lots, stairways, aisles, and common areas located at [Premises Address].
“Dangerous Condition” means any condition on the Premises that presents an unreasonable risk of harm to lawful entrants, including but not limited to [wet flooring/ice accumulation/uneven surface/defective stair] involved in the Incident.
“Reasonable Care” means that degree of care owed by a land possessor to lawful entrants under North Dakota premises-liability jurisprudence, including inspection, maintenance, warning, and remedial obligations.
3. JURISDICTION, VENUE, & PARTIES
3.1 This Court has subject-matter jurisdiction pursuant to N.D. Const. art. VI § 8 and N.D.C.C. § 27-05-06, and personal jurisdiction over Defendant because Defendant resides in, is incorporated in, does business in, and/or committed the tortious conduct within the State of North Dakota.
3.2 Venue lies properly in this County under N.D.R.Civ.P. 3.2 and N.D.C.C. § 28-04-05 because the cause of action arose here and Defendant’s principal place of business and/or the Premises are located here.
3.3 Plaintiff is, at all relevant times, a resident of [County] County, North Dakota and a lawful invitee on the Premises.
3.4 Defendant is a [type of entity/individual] with its principal place of business and/or property located at [Premises Address].
4. FACTUAL ALLEGATIONS
4.1 On [Date], Plaintiff lawfully entered the Premises as an invitee for the purpose of [shopping/receiving services/etc.].
4.2 A Dangerous Condition—specifically [describe condition]—existed on the Premises.
4.3 Defendant knew or, in the exercise of Reasonable Care, should have known of the Dangerous Condition because [state facts supporting actual or constructive notice, e.g., “the condition persisted for several hours,” “employees had previously complained,” “surveillance footage shows repeated leakage,” etc.].
4.4 Defendant failed to exercise Reasonable Care by:
a. Failing to inspect and/or maintain the area;
b. Failing to remediate or barricade the Dangerous Condition; and
c. Failing to warn lawful entrants, including Plaintiff, of the Dangerous Condition.
4.5 As a direct and proximate result of Defendant’s failures, Plaintiff slipped, fell, and sustained serious bodily injuries, including but not limited to [list injuries].
4.6 Plaintiff has incurred and will continue to incur medical expenses, lost earnings, pain and suffering, mental anguish, loss of enjoyment of life, and other damages.
5. CAUSES OF ACTION
5.1 Negligence – Premises Liability
5.1.1 Plaintiff realleges Paragraphs 1 through 4.6.
5.1.2 Defendant owed Plaintiff a duty of Reasonable Care to maintain the Premises in a reasonably safe condition and to warn of Dangerous Conditions.
5.1.3 Defendant breached that duty as described above.
5.1.4 Defendant’s breach was the factual and legal (proximate) cause of Plaintiff’s injuries and damages.
5.2 Negligence Per Se (optional)
[// GUIDANCE: Include if a building, safety, or municipal code violation is identified.]
5.2.1 The Dangerous Condition violated [cite applicable ordinance/building code section, if certain] intended to protect persons like Plaintiff.
5.2.2 Said violation constitutes negligence per se, entitling Plaintiff to presumptive liability findings under North Dakota law.
6. COMPARATIVE FAULT ALLEGATIONS
6.1 Pursuant to N.D. Cent. Code § 32-03.2-02, liability and damages must be determined under North Dakota’s modified comparative fault scheme (51% bar rule).
6.2 Plaintiff alleges Defendant’s fault is equal to or greater than any fault that might be attributed to Plaintiff or nonparties.
6.3 Plaintiff denies any contributory fault but pleads, in the alternative, that any comparative fault attributed to Plaintiff shall proportionally reduce—but not bar—Plaintiff’s recovery unless such fault is found to be 51 percent or more.
7. DAMAGES
7.1 Past and future medical expenses – [insert amount if known or state “to be proven at trial”].
7.2 Past and future lost wages and diminished earning capacity – [amount].
7.3 Past and future noneconomic damages (pain, suffering, mental anguish, loss of enjoyment of life) – [amount].
7.4 Incidental and consequential damages – [amount].
7.5 Punitive damages as allowed by North Dakota law, subject to motion practice under N.D. Cent. Code § 32-03.2-11 and any applicable caps.
7.6 Pre- and post-judgment interest as permitted by N.D. Cent. Code § 47-14-05.
7.7 Costs and disbursements pursuant to N.D.R.Civ.P. 54(e).
[// GUIDANCE: For cases against the State or a political subdivision, insert statutory notice, damage caps, and liability limitations under N.D. Cent. Code ch. 32-12.1.]
8. RESERVATION OF RIGHTS & INJUNCTIVE RELIEF
8.1 Plaintiff reserves the right to amend this Complaint to assert additional claims, add parties, or increase the ad damnum as discovery progresses.
8.2 Plaintiff seeks injunctive or equitable relief only to the extent necessary to preserve the status quo or prevent destruction of evidence.
9. DEMAND FOR JURY TRIAL
Pursuant to N.D. Const. art. I § 13, N.D.R.Civ.P. 38, and all other applicable laws, Plaintiff demands a trial by jury on all issues so triable.
10. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
A. Compensatory damages in an amount to be determined by the trier of fact;
B. Punitive damages as allowed by law;
C. Pre- and post-judgment interest as provided by statute;
D. Costs, disbursements, and reasonable attorney fees where permitted; and
E. Such other and further relief as the Court deems just and equitable.
11. CERTIFICATION & VERIFICATION
[// GUIDANCE: Rule 11 signature block required; verification optional unless required for specific claims. For punitive damages, a motion must precede amendment—see N.D. Cent. Code § 32-03.2-11.]
11.1 Attorney Certification (N.D.R.Civ.P. 11)
Respectfully submitted this ___ day of ____, 20__.
text
[ATTORNEY NAME] (ND Bar # __)
[Law Firm Name]
[Address]
[City, State ZIP]
Telephone: [_]
Email: [___]
ATTORNEY FOR PLAINTIFF
11.2 Verification
I, [Plaintiff Name], being first duly sworn, depose and say that I am the Plaintiff in the above-entitled action; I have read the foregoing Complaint and know the contents thereof; and the same is true to my knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true.
text
[PLAINTIFF NAME]
STATE OF NORTH DAKOTA )
) ss.
COUNTY OF [_____] )
Subscribed and sworn before me this ___ day of ____, 20__.
Notary Public for the State of North Dakota
My Commission Expires: ______
[// GUIDANCE:
1. File a Civil Cover Sheet and, if applicable, a Rule 3.1 Statement.
2. Serve Defendant pursuant to N.D.R.Civ.P. 4 within 90 days.
3. Schedule Rule 26(f) conference after service and before discovery commences.
4. Preserve surveillance footage, maintenance logs, and incident reports through litigation hold letters.
5. For claims against governmental entities, comply with the 180-day notice requirement (N.D. Cent. Code § 32-12.1-05).]