Personal Injury Complaint - Slip and Fall

COMPLAINT FOR PERSONAL INJURY (SLIP-AND-FALL)

(Premises Liability – Nevada)

DEMAND FOR JURY TRIAL

DOCUMENT HEADER

DISTRICT COURT
☐ JUDICIAL DISTRICT
STATE OF NEVADA, COUNTY OF ☐

COMPLAINT FOR DAMAGES (PERSONAL INJURY — PREMISES LIABILITY)
DEMAND FOR JURY TRIAL

Date of Filing: [MM/DD/YYYY]

TABLE OF CONTENTS

1. Definitions ……………………………………… 2
2. Parties …………………………………………… 3
3. Jurisdiction & Venue ………………………… 3
4. General Allegations / Facts ……………… 4
5. Cause of Action – Negligence (Premises Liability) …………………………………… 6
6. Comparative Fault Allegations ……… 7
7. Damages ………………………………………… 8
8. Prayer for Relief ……………………………… 9
9. Demand for Jury Trial …………………… 10
10. Reservation of Rights …………………… 10
11. Verification …………………………………… 11
12. Signature Block ……………………………… 12

[Page numbers auto-generate in e-filing systems; adjust manually if filing on paper.]

1. DEFINITIONS

1.1 “Incident” means the slip-and-fall event that occurred on or about [MM/DD/YYYY] on the Premises defined below.
1.2 “Premises” means the real property, improvements, walkways, aisles, parking areas, and all appurtenances located at [STREET ADDRESS, CITY, COUNTY, NV] owned, leased, operated, managed, or otherwise controlled by Defendants.
1.3 “Medical Expenses” means past and future reasonable costs of medical evaluation, treatment, rehabilitation, pharmaceuticals, assistive devices, and related health-care services incurred as a proximate result of the Incident.
1.4 “Lost Earnings” means past and future lost wages, salary, employment benefits, and loss of earning capacity attributable to injuries sustained in the Incident.

2. PARTIES

2.1 Plaintiff. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is, and at all relevant times was, a resident of [COUNTY], Nevada, over the age of eighteen, and competent to sue in his/her own name.

2.2 Defendant [ENTITY]. Defendant [DEFENDANT NAME] is a [Nevada corporation / foreign LLC qualified in Nevada / individual] engaged in the ownership, operation, management, maintenance, and/or control of the Premises.

2.3 Additional Defendants. Plaintiff is presently ignorant of the true names and capacities of DOES 1-10 (inclusive) and therefore sues said Defendants by such fictitious names pursuant to NRCP 10(a). Plaintiff will amend this Complaint to allege their true names and capacities when ascertained.

2.4 Agency/Alter-Ego Allegations. At all times relevant, each Defendant was the agent, employee, servant, partner, joint venturer, successor, assign, alter-ego, or otherwise acting with the consent, permission, and knowledge of each remaining Defendant, and each acted within the course and scope of such relationship so as to render all Defendants jointly and severally liable.

3. JURISDICTION & VENUE

3.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction pursuant to Article 6, Section 6 of the Nevada Constitution and NRS 4.370(1), because the amount in controversy exceeds $15,000 exclusive of interest, costs, and attorney’s fees.

3.2 Personal Jurisdiction. Defendants are subject to general and/or specific personal jurisdiction in Nevada because they are domiciled in, conduct substantial business within, and/or purposefully availed themselves of the privileges of conducting activities within Nevada, and this cause of action arises out of those activities.

3.3 Venue. Venue is proper in this Court under NRS 13.040 because the Premises is located in this County, Defendants reside or do business in this County, and the cause of action arose here.

4. GENERAL ALLEGATIONS / FACTS

4.1 On or about [MM/DD/YYYY] at approximately [TIME], Plaintiff lawfully entered the Premises as a(n) [business invitee / licensee / other], for the purpose of [shopping / employment / visiting].

4.2 While traversing [specific location within the Premises—e.g., “the produce aisle”], Plaintiff encountered a dangerous condition consisting of [water, grease, debris, uneven flooring, inadequate lighting, etc.] (the “Dangerous Condition”).

4.3 The Dangerous Condition was not open and obvious to a reasonable person in Plaintiff’s position and was not accompanied by any warning signs, barricades, cones, mats, or other protective measures.

4.4 As a direct and proximate result of the Dangerous Condition, Plaintiff slipped, fell, and sustained severe bodily injuries, including but not limited to [LIST INJURIES], requiring immediate and ongoing medical treatment.

4.5 Defendants, and each of them, created the Dangerous Condition and/or had actual or constructive notice of its existence through:
a. Direct knowledge of the spill/defect;
b. Employees’ observations during routine inspections; and/or
c. The condition’s existence for a sufficient period to charge Defendants with notice.

4.6 Defendants failed to exercise reasonable care in the inspection, maintenance, and remediation of the Premises, breaching duties owed to Plaintiff and to the general public lawfully on the Premises.

4.7 At all relevant times, Plaintiff exercised reasonable care for his/her own safety and was not comparatively negligent; alternatively, any comparative negligence attributable to Plaintiff is, pursuant to NRS 41.141, less than the negligence of Defendants and therefore does not bar recovery.

4.8 As a further proximate result of Defendants’ negligence, Plaintiff incurred Medical Expenses, Lost Earnings, pain, suffering, mental anguish, loss of enjoyment of life, and other general and special damages in an amount to be proven at trial but exceeding $15,000.

5. CAUSE OF ACTION – NEGLIGENCE (PREMISES LIABILITY)

5.1 Plaintiff realleges and incorporates by reference paragraphs 1 through 4.8 as though fully set forth herein.

5.2 Duty. Defendants owed Plaintiff, as a [business invitee / lawful entrant], a duty of reasonable care to keep the Premises in a reasonably safe condition, to warn of latent hazards, and to remedy dangerous conditions in a timely manner.

5.3 Breach. Defendants breached their duty by, inter alia:
a. Failing to inspect the Premises within reasonable intervals;
b. Failing to clean, repair, or cordon off the Dangerous Condition;
c. Failing to post warnings or barricades; and
d. Violating industry safety standards and internal policies.

5.4 Causation. Defendants’ breach was a direct and proximate cause of the Incident and of Plaintiff’s resultant injuries and damages.

5.5 Damages. Plaintiff suffered and continues to suffer economic and noneconomic damages as described infra.

5.6 Notice Requirement Compliance.
a. Public-Entity Defendant (if any). Plaintiff provided written notice in conformity with NRS 41.036(2) on [MM/DD/YYYY].
b. Private-Entity Defendant. No statutory pre-suit notice is required; nonetheless, Plaintiff served a timely preservation-of-evidence letter on [MM/DD/YYYY].

6. COMPARATIVE FAULT ALLEGATIONS (NRS 41.141)

6.1 Pursuant to NRS 41.141, Plaintiff affirmatively alleges that any negligence attributable to Plaintiff, if any, is less than the combined negligence of all Defendants, and that Plaintiff’s recovery should therefore be reduced, but not barred, in proportion to Plaintiff’s comparative fault.

6.2 Defendants bear the burden at trial of proving any affirmative defense of comparative negligence or assumption of risk.

7. DAMAGES

7.1 Special Damages.
a. Medical Expenses (past and future): approximately $[___] and continuing;
b. Lost Earnings and/or diminished earning capacity (past and future): approximately $[___];
c. Out-of-pocket expenses: approximately $[___].

7.2 General Damages. In an amount exceeding $15,000 to be determined by the trier of fact for pain, suffering, mental anguish, disfigurement, and loss of enjoyment of life.

7.3 Punitive Damages. Plaintiff seeks punitive damages pursuant to NRS 42.005 based on Defendants’ conscious disregard of known safety hazards, subject to statutory caps where applicable.

7.4 Pre- and Post-Judgment Interest. As allowed by NRS 17.130 and NRS 17.115 or any other applicable authority.

7.5 Attorney’s Fees & Costs. To the extent authorized by contract, statute, or court rule, including NRCP 68 cost-shifting.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff and against Defendants, jointly and severally, as follows:
A. Special damages in an amount according to proof at trial;
B. General damages in excess of $15,000;
C. Punitive and exemplary damages pursuant to NRS 42.005;
D. Pre- and post-judgment interest as allowed by law;
E. Reasonable attorney’s fees and costs of suit; and
F. Such other and further relief as the Court deems just and proper.

9. DEMAND FOR JURY TRIAL

Pursuant to the Seventh Amendment to the U.S. Constitution, Article 1, Section 3 of the Nevada Constitution, and NRCP 38, Plaintiff hereby demands trial by jury on all issues so triable.

10. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to assert additional causes of action, name additional defendants, and augment damages pursuant to NRCP 15 and the discovery schedule set by the Court.

11. VERIFICATION (OPTIONAL – confirm local rule)

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Nevada that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true of my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

Executed this ___ day of __________, 20__, at [CITY], Nevada.

_________________________________
[PLAINTIFF NAME]

12. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
[Address] • [City, State ZIP] • Tel: [___-___-____] • Fax: [___-___-____] • Email: [___]

By: __________________________________
[ATTORNEY NAME], Esq.
Nevada Bar No. [___]
Attorney for Plaintiff

END OF DOCUMENT

Bluebook-compliant statutory references used herein:
• Nev. Rev. Stat. § 41.141 (2023) (comparative negligence)
• Nev. Rev. Stat. § 42.005 (2023) (punitive damages)
• Nev. Rev. Stat. § 17.130 (2023) (interest)
• Nev. Rev. Stat. § 13.040 (2023) (venue)