[PLAINTIFF FULL NAME],
Index No.: _
Plaintiff,
Date of Filing: ___
-against-
COMPLAINT
[DEFENDANT FULL LEGAL NAME], (Personal Injury – Slip & Fall)
JURY TRIAL DEMANDED
Defendant.
[// GUIDANCE: Replace every bracketed placeholder before filing. Double-check party names, corporate entities, and county of venue. ]
TABLE OF CONTENTS
- Preliminary Statement
- Parties
- Jurisdiction and Venue
- Background Facts
- First Cause of Action — Negligence (Premises Liability)
- Damages
- Demand for Jury Trial
- Prayer for Relief
- Preservation Demand (Limited Injunctive Relief)
- Reservation of Rights
- Verification
1. PRELIMINARY STATEMENT
1.1 This is an action for personal injuries arising from a slip-and-fall incident that occurred on [DATE] at or near the premises known as [PREMISES ADDRESS], owned, operated, managed, maintained and/or controlled by Defendant.
1.2 Plaintiff seeks compensatory damages for bodily injuries, conscious pain and suffering, medical expenses (past and future), lost earnings, and all other damages permitted under New York law.
2. PARTIES
2.1 Plaintiff [PLAINTIFF NAME] is an individual who, at all relevant times, resided at [PLAINTIFF ADDRESS], County of [COUNTY], State of New York.
2.2 Upon information and belief, Defendant [DEFENDANT NAME] is a [CORPORATE FORM OR INDIVIDUAL] organized and existing under the laws of the State of [STATE] with its principal place of business at [DEFENDANT ADDRESS].
2.3 At all relevant times, Defendant owned, leased, occupied, possessed, supervised, operated, inspected, repaired, managed and/or maintained the Premises.
3. JURISDICTION AND VENUE
3.1 This Court has subject-matter jurisdiction pursuant to N.Y. CONST. art. VI, § 7 and N.Y. C.P.L.R. § 301 because the amount in controversy exceeds the jurisdictional limits of all lower courts.
3.2 Venue is proper in this County under N.Y. C.P.L.R. § 503(a) because (i) Defendant has its principal office in this County and/or (ii) the cause of action arose within this County.
3.3 Defendant is subject to personal jurisdiction in New York pursuant to N.Y. C.P.L.R. § 302 as it transacts business and commits tortious acts within the State.
4. BACKGROUND FACTS
4.1 On [DATE] at approximately [TIME], Plaintiff lawfully entered the Premises for the purpose of [INVITE STATUS, e.g., “shopping as a business invitee”].
4.2 At or near [SPECIFIC LOCATION WITHIN PREMISES], a hazardous condition existed: [DETAILED DESCRIPTION—e.g., “an accumulation of liquid on the tile floor with no warning signs or barriers”] (the “Hazardous Condition”).
4.3 Defendant, through its agents, servants and/or employees, created the Hazardous Condition and/or had actual and/or constructive notice of its existence for a sufficient period of time to have discovered and remedied it.
4.4 As Plaintiff walked over the area, Plaintiff’s foot slipped on the Hazardous Condition, causing Plaintiff to lose balance and fall violently to the ground.
4.5 Plaintiff sustained serious injuries including, but not limited to, [LIST INJURIES], all of which required—and will continue to require—medical care and treatment.
5. FIRST CAUSE OF ACTION — NEGLIGENCE (PREMISES LIABILITY)
5.1 Plaintiff repeats and realleges Paragraphs 1.1 through 4.5 as if fully set forth herein.
5.2 Defendant owed Plaintiff, as a lawful entrant, a duty to maintain the Premises in a reasonably safe condition, to inspect for dangerous conditions, to remedy such conditions, and to warn of concealed dangers.
5.3 Defendant breached those duties by, inter alia:
(a) Creating and/or permitting the Hazardous Condition to exist;
(b) Failing to adequately inspect and maintain the Premises;
(c) Failing to warn Plaintiff of the Hazardous Condition; and
(d) Violating applicable statutes, ordinances, regulations, and/or industry standards governing premises safety.
5.4 Defendant’s breach was the direct and proximate cause of Plaintiff’s fall and resulting injuries.
5.5 Pursuant to N.Y. C.P.L.R. § 1411, any comparative negligence allegedly attributable to Plaintiff, which Plaintiff expressly denies, does not bar recovery and merely diminishes damages in proportion to such culpable conduct, if any.
6. DAMAGES
6.1 As a direct and proximate result of Defendant’s negligence, Plaintiff sustained:
(a) Past and future medical expenses;
(b) Past and future lost earnings and diminished earning capacity;
(c) Past and future pain, suffering, and loss of enjoyment of life; and
(d) Other economic and noneconomic damages to be proven at trial.
6.2 The amount of damages sought exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction over this cause of action.
6.3 Plaintiff reserves the right to seek punitive damages should discovery reveal willful, wanton, or reckless conduct.
7. DEMAND FOR JURY TRIAL
Pursuant to N.Y. C.P.L.R. § 4102, Plaintiff hereby demands a trial by jury on all issues so triable.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
A. Awarding compensatory damages in an amount to be determined at trial, but believed to exceed $[AMOUNT] inclusive of past and future economic and noneconomic losses;
B. Awarding punitive damages, if warranted by the evidence;
C. Awarding pre- and post-judgment interest as permitted by law;
D. Awarding costs and disbursements of this action, including reasonable attorney’s fees where applicable;
E. Granting the limited injunctive relief pleaded below; and
F. Granting such other and further relief as the Court deems just and proper.
9. PRESERVATION DEMAND (LIMITED INJUNCTIVE RELIEF)
9.1 Plaintiff demands that Defendant preserve and maintain all surveillance footage, incident reports, maintenance logs, cleaning schedules, employee rosters, and other evidence relating to the accident for the pendency of this litigation.
9.2 Plaintiff seeks an Order, if necessary, compelling such preservation to prevent spoliation of evidence.
10. RESERVATION OF RIGHTS
Nothing herein shall be construed as a waiver of any claim, right, or remedy available to Plaintiff under applicable law. Plaintiff expressly reserves the right to amend this Complaint to add additional parties, causes of action, or damages as discovery may warrant.
11. VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF [COUNTY] )
[PLAINTIFF NAME], being duly sworn, deposes and says: I am the Plaintiff in the within action; I have read the foregoing Complaint and know the contents thereof; the same are true to my own knowledge, except as to matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true.
[PLAINTIFF NAME]
Sworn to before me this
day of _, 20__
Notary Public
[// GUIDANCE: For verified complaints filed by counsel, insert attorney’s verification pursuant to N.Y. C.P.L.R. § 3020(d) where plaintiff is unavailable or outside the county. Also add an NYSCEF “Notice of Electronic Filing” page when e-filing in mandatory e-file counties. ]
ATTORNEY INFORMATION & SIGNATURE BLOCK
[LAW FIRM NAME]
Attorneys for Plaintiff
[STREET ADDRESS]
[CITY], New York [ZIP]
Tel.: [PHONE] | Fax: [FAX] | Email: [EMAIL]
By: _______
[ATTORNEY NAME], Esq.
NYS Bar No.: [NUMBER]
Dated: [DATE]
CERTIFICATE OF SERVICE
I certify that on [DATE], I served a true copy of the foregoing Complaint upon the within-named Defendant(s) [and/or their counsel] by [METHOD OF SERVICE, e.g., personal delivery / certified mail / NYSCEF electronic service] in accordance with N.Y. C.P.L.R. § 308 and applicable court rules.
[ATTORNEY NAME], Esq.
[// GUIDANCE: Service methods and deadlines vary; confirm compliance with C.P.L.R. §§ 308–312 and 22 N.Y.C.R.R. Parts 200-218. Maintain proof of service (affidavit) for filing. ]