Personal Injury Complaint - Slip and Fall

IN THE DISTRICT COURT OF [COUNTY] COUNTY, NEBRASKA

[PLAINTIFF FULL LEGAL NAME], Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME], Defendant.

Case No. __________

COMPLAINT AND JURY DEMAND
(Premises Liability – Slip and Fall)

TABLE OF CONTENTS

1. Parties ...................................................................................... 2
2. Jurisdiction and Venue ............................................................... 3
3. General Allegations (Factual Background) ................................... 4
4. Definitions ................................................................................. 6
5. Count I – Premises-Liability Negligence ...................................... 7
6. Comparative Negligence Allegations ........................................... 10
7. Damages .................................................................................... 11
8. Prayer for Relief ........................................................................ 12
9. Jury Demand ............................................................................ 13
10. Conditions Precedent & Notice Compliance ............................... 13
11. Reservation of Additional Claims ............................................... 14
12. Verification ............................................................................... 15
13. Certificate of Service ................................................................. 16

1. PARTIES

1.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is a resident of [CITY], [COUNTY] County, Nebraska, and at all relevant times was an invitee lawfully on the Premises (as defined below).

1.2 Defendant. [DEFENDANT FULL LEGAL NAME] (“Defendant”) is a [corporation/LLC/individual/other] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Defendant owned, leased, occupied, operated, maintained, and/or controlled the Premises described herein at all relevant times.

2. JURISDICTION AND VENUE

2.1 Subject-Matter Jurisdiction. This Court has jurisdiction over this matter pursuant to Neb. Rev. Stat. § 24-302 and Neb. Const. art. V, § 9.

2.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Nebraska because it (a) resides in this state, (b) transacts business in this state, and/or (c) committed the tortious acts and omissions alleged herein in this state.

2.3 Venue. Venue is proper in [COUNTY] County under Neb. Rev. Stat. § 25-403.01 because the cause of action arose in this county and/or Defendant resides or does business here.

3. GENERAL ALLEGATIONS (FACTUAL BACKGROUND)

3.1 On or about [DATE OF INCIDENT] (the “Incident Date”), Plaintiff was lawfully present at Defendant’s property commonly known as [PREMISES ADDRESS] (the “Premises”) for the purpose of [PURPOSE, e.g., shopping, employment, delivery, social invitation].

3.2 At approximately [TIME], Plaintiff slipped and fell on [DESCRIPTION OF HAZARDOUS CONDITION – e.g., an accumulation of water and grease] located in/on [SPECIFIC LOCATION, e.g., “Defendant’s main entry vestibule”].

3.3 The hazardous condition was (a) created by Defendant and/or its agents, (b) known to Defendant, or (c) existed for such a length of time that Defendant, in the exercise of reasonable care, should have discovered and remedied it.

3.4 Defendant failed to:
a. Inspect the Premises within a reasonable time;
b. Correct the hazardous condition;
c. Provide warnings adequate to protect lawful invitees such as Plaintiff.

3.5 As a direct and proximate result of the slip and fall, Plaintiff sustained severe and permanent bodily injuries, including but not limited to [LIST INJURIES], has incurred medical expenses, has suffered lost wages, and has experienced pain, suffering, mental anguish, and loss of enjoyment of life.

4. DEFINITIONS

For purposes of this Complaint:

4.1 “Premises” means the real property, improvements, and appurtenant areas owned, leased, occupied, operated, maintained, and/or controlled by Defendant at [PREMISES ADDRESS], including but not limited to entryways, aisles, common areas, parking areas, and flooring surfaces.

4.2 “Hazardous Condition” means any foreign substance, defect, or dangerous state of the Premises that creates an unreasonable risk of harm to lawful invitees, including but not limited to spills, debris, uneven flooring, inadequate lighting, or weather-related accumulations.

4.3 “Invitee” has the meaning set forth under Nebraska premises-liability law as a person who enters upon land at the express or implied invitation of the possessor for purposes connected with the possessor’s business.

5. COUNT I – PREMISES-LIABILITY NEGLIGENCE

5.1 Duty. Defendant owed Plaintiff, as a business invitee, a duty to exercise reasonable care to maintain the Premises in a reasonably safe condition, including a duty to (a) inspect for hazards, (b) repair or remove hazards within a reasonable time, and (c) warn of hazards that could not be immediately remedied.

5.2 Breach. Defendant breached its duty by, inter alia:
a. Failing to conduct reasonable inspections of the Premises;
b. Permitting the Hazardous Condition to exist;
c. Failing to remedy or cordon off the Hazardous Condition; and
d. Failing to warn Plaintiff and other invitees of the Hazardous Condition.

5.3 Causation. Defendant’s breaches were the direct and proximate cause of Plaintiff’s slip and fall and resulting injuries.

5.4 Damages. Plaintiff has sustained and will continue to sustain the injuries and damages described in Section 7 below.

5.5 Notice. Defendant had [actual/constructive] notice of the Hazardous Condition because [DESCRIBE FACTS SUPPORTING NOTICE, e.g., “video surveillance shows the spill remained for 45 minutes before the fall”].

6. COMPARATIVE NEGLIGENCE ALLEGATIONS

6.1 Pursuant to Neb. Rev. Stat. §§ 25-21,185.09–.10, the contributory negligence of Plaintiff, if any, was slight in comparison with the gross negligence of Defendant.

6.2 Plaintiff denies any negligence; however, if Plaintiff is found to have been negligent in any respect, such negligence was slight and is outweighed entirely by Defendant’s greater negligence, and Plaintiff’s recovery should be reduced only in the proportion required by Nebraska’s comparative-fault statute.

7. DAMAGES

As a result of Defendant’s negligence, Plaintiff seeks judgment against Defendant for:
a. Past and future medical expenses in an amount to be proven at trial;
b. Past and future lost wages and diminished earning capacity;
c. Past and future physical pain, mental anguish, and loss of enjoyment of life;
d. Permanent impairment and disfigurement;
e. Pre- and post-judgment interest as allowed by law;
f. Costs of this action; and
g. Any other legal or equitable relief the Court deems just and proper.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that judgment be entered in Plaintiff’s favor and against Defendant in an amount that will fully and fairly compensate Plaintiff for all damages proven at trial, together with costs, interest, and such other relief as the Court deems just and equitable.

9. JURY DEMAND

Pursuant to Neb. Const. art. I, § 6 and Neb. Rev. Stat. § 25-1104, Plaintiff demands trial by jury on all issues so triable.

10. CONDITIONS PRECEDENT & NOTICE COMPLIANCE

10.1 All conditions precedent to the filing of this action have been performed, have occurred, or have been waived.

10.2 [OPTIONAL – POLITICAL SUBDIVISION OR STATE DEFENDANT] Plaintiff has complied with the notice requirements of Neb. Rev. Stat. § 13-905 / § 81-8,209, including the timely filing of a written claim with [NAME OF POLITICAL SUBDIVISION OR STATE AGENCY] on [DATE].

11. RESERVATION OF ADDITIONAL CLAIMS

Plaintiff reserves the right to assert additional causes of action and to seek leave to amend this Complaint as discovery may warrant.

12. VERIFICATION

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

__________________________________  
[PLAINTIFF NAME]

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

__________________________________  
Notary Public

13. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20__, I caused a true and correct copy of the foregoing Complaint to be served upon the following counsel of record via [METHOD OF SERVICE]:

[NAME, ADDRESS, AND EMAIL OF DEFENSE COUNSEL]

__________________________________  
[ATTORNEY NAME], # [NE BAR NO.]  
Counsel for Plaintiff

ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]  
[ADDRESS]  
[PHONE] | [FAX]  
[EMAIL]

By: ___________________________________  
   [ATTORNEY NAME], NE Bar # _______  
   Attorneys for Plaintiff

OPTIONAL ARBITRATION OR ADR DISCLOSURE

EXHIBIT LIST (IF ANY)

Exhibit A – Photographs of accident scene
Exhibit B – Medical records summary
Exhibit C – Pre-suit notice letter (if applicable)

END OF DOCUMENT
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