SUPERIOR COURT OF THE STATE OF NEW HAMPSHIRE
[COUNTY] JUDICIAL DISTRICT
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[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
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Docket No.: [__]
COMPLAINT – PREMISES LIABILITY (SLIP AND FALL)
[Filed: _ , 20__]
[// GUIDANCE: Insert court‐assigned docket number after filing.]
TABLE OF CONTENTS
- Document Header ............................................................. 1
- Definitions .................................................................. 2
- Parties ...................................................................... 3
- Jurisdiction & Venue ........................................................ 3
- Factual Allegations .......................................................... 4
- Count I – Negligence (Premises Liability) .................................... 5
- Damages ...................................................................... 6
- Comparative Fault Statement .................................................. 7
- Prayer for Relief ............................................................ 7
- Jury Demand ................................................................ 8
- Optional Arbitration Election ............................................... 8
- General Provisions .......................................................... 8
- Verification & Signature Block .............................................. 9
Page numbers auto‐adjust upon final formatting.
1. DOCUMENT HEADER
1.1 Plaintiff, [PLAINTIFF NAME] (“Plaintiff”), brings this action against [DEFENDANT NAME] (“Defendant”) for personal injuries sustained in a slip-and-fall incident that occurred on or about [DATE] at [PREMISES ADDRESS] (the “Incident”).
1.2 This Complaint is filed pursuant to New Hampshire common law governing premises liability and any applicable statutes, including the comparative fault framework codified at N.H. Rev. Stat. Ann. (“RSA”) § 507:7-d.
1.3 Plaintiff seeks compensatory damages, costs, pre- and post-judgment interest, and such other relief as the Court deems just and proper.
2. DEFINITIONS
For purposes of this Complaint:
a. “Incident” means the slip and fall event described in Section 5.
b. “Premises” means the land, building(s), appurtenances, sidewalks, parking areas, and all other areas owned, leased, or otherwise controlled by Defendant at [PREMISES ADDRESS].
c. “Reasonable Care” means that degree of care a prudent person would exercise under like circumstances to maintain the Premises in a reasonably safe condition for lawful entrants.
d. “Notice” means actual knowledge or constructive knowledge—i.e., knowledge a reasonably diligent inspection would have revealed—of the unsafe condition that caused the Incident.
[// GUIDANCE: Add, remove, or refine definitions to match case facts.]
3. PARTIES
3.1 Plaintiff is an individual resident of [PLAINTIFF COUNTY], New Hampshire, over the age of 18.
3.2 Defendant is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [DEFENDANT ADDRESS], and at all relevant times owned, occupied, leased, and/or controlled the Premises.
3.3 At all times material hereto, Defendant owed lawful entrants, including Plaintiff, a duty of Reasonable Care to maintain the Premises in a safe condition, to correct hazardous conditions, and to warn of dangers of which Defendant had, or in the exercise of Reasonable Care should have had, Notice.
4. JURISDICTION & VENUE
4.1 This Court has subject-matter jurisdiction under RSA § 491:7, as the amount in controversy exceeds the jurisdictional minimum for the Superior Court and the claims arise under New Hampshire law.
4.2 Venue is proper in this Court pursuant to RSA § 507:9 because the cause of action arose in this county and Defendant resides or transacts business herein.
4.3 All procedural prerequisites to filing this action have been satisfied or waived. No statutory pre-suit notice is required for actions against private property owners in New Hampshire.
5. FACTUAL ALLEGATIONS
5.1 On [DATE] at approximately [TIME], Plaintiff was lawfully on the Premises as a(n) [invitee/licensee] to [describe purpose—e.g., shop, visit, deliver goods].
5.2 A dangerous condition existed on the Premises, namely [describe condition—e.g., an accumulation of liquid on the floor, uncleared ice, uneven surface] (the “Hazard”).
5.3 Defendant created the Hazard and/or had Notice of the Hazard for a sufficient period prior to the Incident to have remedied or warned of it.
5.4 Defendant failed to exercise Reasonable Care to (i) inspect the Premises, (ii) remove or remedy the Hazard, and/or (iii) warn Plaintiff of the Hazard.
5.5 As Plaintiff walked over/near the Hazard, Plaintiff slipped, fell, and sustained severe bodily injuries, including but not limited to [list injuries—e.g., fractured ankle, back sprain, head trauma].
5.6 Plaintiff has incurred, and will continue to incur, medical expenses, lost wages, diminished earning capacity, pain, suffering, and loss of enjoyment of life as a direct and proximate result of Defendant’s negligence.
6. COUNT I – NEGLIGENCE (PREMISES LIABILITY)
6.1 Plaintiff realleges and incorporates by reference Paragraphs 1.1 through 5.6.
6.2 Duty. Defendant owed Plaintiff a duty of Reasonable Care to keep the Premises in a reasonably safe condition and to warn of any latent or concealed dangers.
6.3 Breach. Defendant breached that duty by:
a. Failing to inspect the Premises at reasonable intervals;
b. Permitting the Hazard to exist;
c. Failing to remedy or cordon off the Hazard; and
d. Failing to warn lawful entrants, including Plaintiff, of the Hazard.
6.4 Causation. Defendant’s breach was the direct and proximate cause of the Incident and of Plaintiff’s injuries and damages.
6.5 Damages. Plaintiff suffered the damages described in Section 7.
6.6 Accordingly, Plaintiff is entitled to judgment against Defendant in an amount to be determined by the trier of fact, together with costs, interest, and such other relief as the Court deems equitable.
7. DAMAGES
7.1 Economic Damages: past and future medical expenses, rehabilitation costs, prescription costs, and lost wages/earning capacity.
7.2 Non-Economic Damages: pain and suffering, emotional distress, loss of enjoyment of life, permanent impairment, and any scarring or disfigurement.
7.3 Pre- and post-judgment interest as permitted by law.
7.4 Costs of suit pursuant to RSA § 525:14-a and applicable rules.
7.5 Any other relief deemed just and proper.
[// GUIDANCE: Insert specific itemized amounts where known; New Hampshire imposes no statutory cap on personal injury damages except for certain governmental claims.]
8. COMPARATIVE FAULT STATEMENT
8.1 Pursuant to RSA § 507:7-d, Plaintiff’s recovery shall be diminished by any percentage of fault, if any, attributed to Plaintiff that is less than 50%; however, Plaintiff alleges that Defendant’s fault exceeds any fault attributable to Plaintiff.
[// GUIDANCE: Including this paragraph anticipates the statutory comparative fault framework and heads off a Rule 12 motion.]
9. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court:
A. Enter judgment in favor of Plaintiff and against Defendant on Count I;
B. Award compensatory damages in an amount proven at trial;
C. Award costs, pre- and post-judgment interest as allowed by law; and
D. Grant such other and further relief as the Court deems just and equitable.
10. JURY DEMAND
Pursuant to Part I, Article 20 of the New Hampshire Constitution and N.H. Superior Court Rule 8, Plaintiff demands a trial by jury on all issues so triable.
11. OPTIONAL ARBITRATION ELECTION
Plaintiff does not consent to binding arbitration at this time.
[// GUIDANCE: If parties stipulate to arbitration under N.H. Rev. Stat. § 542, replace this section with agreed language.]
12. GENERAL PROVISIONS
12.1 Reservation of Rights. Plaintiff reserves the right to amend this Complaint to conform to evidence developed in discovery.
12.2 No Waiver. Nothing herein shall be construed as a waiver of any right, claim, or cause of action not specifically pleaded.
12.3 Severability. Should any provision of this Complaint be deemed legally insufficient, all remaining allegations shall survive to the fullest extent permitted by law.
13. VERIFICATION & SIGNATURE BLOCK
I, [PLAINTIFF NAME], hereby verify under penalty of unsworn falsification pursuant to RSA § 641:3 that the factual allegations contained in this Complaint are true and correct to the best of my knowledge, information, and belief.
Date: _ , 20__
[PLAINTIFF NAME]
Plaintiff
Respectfully submitted,
Date: _ , 20__
[ATTORNEY NAME] (Bar No. [____])
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR PLAINTIFF
[// GUIDANCE: New Hampshire does not generally require notarization for a civil complaint, but the unsworn verification above satisfies RSA § 641:3 requirements. Confirm county‐specific clerk preferences.]