[// GUIDANCE: This template is designed for use in New Mexico state district courts for a single-plaintiff premises-liability “slip-and-fall” action against private defendants. It tracks the structure of the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-001 NMRA et seq.) and incorporates key premises-liability elements, notice allegations, and comparative-fault concepts applicable in New Mexico. Customize all bracketed text before filing.]
STATE OF NEW MEXICO
[___] JUDICIAL DISTRICT COURT
COUNTY OF [______]
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v. Case No. ____
[DEFENDANT #1 FULL LEGAL NAME],
[DEFENDANT #2 FULL LEGAL NAME]
Defendant(s).
VERIFIED COMPLAINT FOR PERSONAL INJURY (SLIP AND FALL – PREMISES LIABILITY)
[Effective Date of Filing: _______]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- General Allegations (Facts Common to All Counts)
- Count I – Premises Liability / Negligence
- Damages
- Prayer for Relief
- Jury Demand
- Reservation of Comparative-Fault Issues
- Certification and Verification
- Signature Block
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff. Plaintiff [Name] (“Plaintiff”) is a resident of [County, State] and was lawfully present on Defendants’ premises at all material times.
1.2 Defendants.
(a) [Defendant #1] (“Owner”) is a [type of entity + state of organization] that owns, operates, manages, and/or controls the real property located at [street address, city, NM ZIP] (the “Premises”).
(b) [Defendant #2] (“Manager”) is a [describe relationship to Premises—e.g., property-management company, tenant, etc.].
[// GUIDANCE: Add or remove defendants as appropriate; include registered-agent details if service is requested by certified mail under Rule 1-004(F)(1) NMRA.]
1.3 Jurisdiction. This Court has subject-matter jurisdiction over this civil action pursuant to Article VI, Section 13 of the New Mexico Constitution and Rule 1-001 NMRA because the amount in controversy exceeds the statutory limit for magistrate courts and because the claims arise under New Mexico tort law.
1.4 Venue. Venue is proper in this County under NMSA 1978, § 38-3-1(A) because the causes of action arose in this County and Defendants transact business and/or may be served here.
2. GENERAL ALLEGATIONS (FACTS COMMON TO ALL COUNTS)
2.1 On or about [date], Plaintiff lawfully entered the Premises for the purpose of [state purpose—e.g., shopping, visiting, delivering goods].
2.2 At approximately [time], Plaintiff encountered a dangerous condition on the walking surface, specifically [describe hazard—e.g., an unmarked liquid spill, accumulated ice, broken flooring] (the “Hazardous Condition”).
2.3 Defendants, individually and collectively, created, knew of, or should have known of the Hazardous Condition through the exercise of ordinary care, including routine inspections and maintenance.
2.4 No warning signs, barriers, or other protective measures were in place to alert lawful visitors such as Plaintiff to the Hazardous Condition.
2.5 As a direct and proximate result of the Hazardous Condition, Plaintiff slipped, fell, and sustained serious bodily injuries including but not limited to [list injuries].
2.6 Plaintiff promptly notified on-site personnel and subsequently provided written notice to Defendants on [date], satisfying any applicable notice requirement under New Mexico premises-liability law.
[// GUIDANCE: If governmental entities are defendants, insert Tort Claims Act notice allegations and statute citation (§ 41-4-16 NMSA 1978) with dates, certified-mail details, etc.]
2.7 Plaintiff has incurred medical expenses, lost wages, pain and suffering, and other damages detailed below.
3. COUNT I – PREMISES LIABILITY / NEGLIGENCE
3.1 Plaintiff realleges and incorporates by reference Paragraphs 1.1 through 2.7 as if fully set forth herein.
3.2 At all relevant times, Plaintiff was an [invitee/licensee] entitled to Defendants’ duty of ordinary care to maintain the Premises in a reasonably safe condition and to warn of latent or dangerous conditions.
3.3 Defendants breached that duty by:
(a) Failing to inspect and maintain the walking surface;
(b) Allowing the Hazardous Condition to exist for an unreasonable time;
(c) Failing to warn Plaintiff of the Hazardous Condition; and
(d) Any other acts or omissions revealed in discovery.
3.4 Defendants’ breaches were the direct and proximate cause of Plaintiff’s injuries and damages.
3.5 Under New Mexico’s comparative-fault system, any contributory fault attributable to Plaintiff, if established, diminishes, but does not bar, Plaintiff’s recovery. Plaintiff presently denies any comparative fault.
4. DAMAGES
4.1 As a direct result of Defendants’ negligence, Plaintiff seeks all compensatory damages allowed by New Mexico law, including:
(a) Past and future medical expenses;
(b) Past and future lost wages and loss of earning capacity;
(c) Past and future physical pain and suffering;
(d) Past and future emotional distress and loss of enjoyment of life;
(e) Pre-judgment and post-judgment interest as allowed by law; and
(f) Costs of suit and such other relief as the Court deems just and proper.
4.2 Plaintiff’s damages exceed the minimum jurisdictional amount of this Court and will be proven at trial.
[// GUIDANCE: New Mexico generally prohibits pleading a specific dollar amount of unliquidated damages—see Rule 1-008(A)(3) NMRA.]
5. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, awarding:
A. Compensatory damages in an amount to be determined by the trier of fact;
B. Pre- and post-judgment interest as permitted by law;
C. Taxable costs of this action pursuant to Rule 1-054(D) NMRA;
D. Such limited injunctive relief as may be necessary to abate or remediate the Hazardous Condition for the protection of the public; and
E. All other and further relief the Court deems just and proper.
6. JURY DEMAND
Pursuant to Rule 1-038 NMRA and Article II, Section 12 of the New Mexico Constitution, Plaintiff demands a trial by jury on all issues so triable.
7. RESERVATION OF COMPARATIVE-FAULT ISSUES
Plaintiff reserves the right to address and rebut any allegations of comparative fault, assumption of risk, or non-party fault raised by Defendants pursuant to New Mexico’s pure comparative-fault principles at trial.
8. CERTIFICATION AND VERIFICATION
I hereby certify that to the best of my knowledge, information, and belief, formed after reasonable inquiry, this pleading is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose. See Rule 1-011 NMRA.
I, [Plaintiff Name], being first duly sworn upon oath, state that I have read the foregoing Verified Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
[PLAINTIFF NAME]
Plaintiff
State of __ )
County of _______ ) ss.
Subscribed and sworn to before me this ___ day of ____ 20__, by [Plaintiff Name].
Notary Public
My Commission Expires: _____
[// GUIDANCE: Omit or adapt verification if not required; many NM district courts accept unverified complaints unless a statute specifically mandates verification.]
9. SIGNATURE BLOCK
Respectfully submitted,
[ATTORNEY NAME], Esq.
[NM BAR NO. __]
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Telephone: [--]
Email: [______]
Attorney for Plaintiff
[// GUIDANCE:
1. Service of Process – attach “Summons” form per Rule 1-004 NMRA and local court instructions.
2. Arbitration – If parties agree to non-binding arbitration under NMSA 1978, § 44-7A-1 et seq. or a local court program, add a separate stipulation; the complaint itself need not contain arbitration language unless contractually mandated.
3. Governmental Defendants – If any Defendant is a public entity, incorporate Tort Claims Act allegations, caps, and defenses.
4. Amendments – Preserve the right to amend under Rule 1-015 NMRA.
5. Electronic Filing – Format PDF per Odyssey e-filing standards; omit personal identifiers per Rule 1-079 NMRA.]