IN THE COURT OF COMMON PLEAS

[COUNTY] COUNTY, OHIO

[PLAINTIFF FULL LEGAL NAME],
  Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
  Defendant.

Case No.: ___
Judge: _____

COMPLAINT FOR PERSONAL INJURY
(PREMISES LIABILITY – SLIP AND FALL)
JURY DEMAND ENDORSED HEREON

[// GUIDANCE: Ohio Civ. R. 8(A) requires “a short and plain statement of the claim showing that the party is entitled to relief.” The form below tracks that standard while adding strategic detail to defeat early dispositive motions.]

TABLE OF CONTENTS

1. Parties, Jurisdiction, and Venue
2. Factual Allegations
3. Count I – Negligence / Premises Liability
4. Damages
5. Prayer for Relief
6. Jury Demand
7. Spoliation Notice
8. Reservation of Rights
9. Verification
10. Certificate of Service

1. Parties, Jurisdiction, and Venue

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual residing at [ADDRESS], [CITY], Ohio.

2. Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS], and at all relevant times owned, leased, operated, managed, and/or controlled the premises located at [PROPERTY ADDRESS] (the “Premises”).

3. Jurisdiction is proper under Ohio Const. art. IV, § 4(B) and R.C. § 2305.01 because the amount in controversy exceeds $25,000 exclusive of interest and costs.

4. Venue is proper in this Court under Civ. R. 3(B)(3)–(6) because Defendant resides in, conducts business in, and the cause of action arose in [COUNTY] County, Ohio.

2. Factual Allegations

5. On or about [DATE], Plaintiff lawfully entered the Premises as a(n) [invitee/licensee] for the purpose of [shopping/visiting/etc.].

6. While traversing [specific location, e.g., “the main aisle near the front entrance”], Plaintiff slipped and fell on [describe substance/condition, e.g., “an accumulation of water and detergent”] (the “Hazard”).

7. The Hazard constituted an unreasonably dangerous condition not open and obvious to Plaintiff exercising ordinary care.

8. Defendant, through its employees or agents:
   a. Created the Hazard; or
   b. Had actual knowledge of the Hazard; or
   c. Had constructive knowledge of the Hazard because it existed for a sufficient length of time and was discoverable upon reasonable inspection.

9. Defendant failed to:
   a. Maintain the floor in a reasonably safe condition;
   b. Provide adequate warnings or barriers; and
   c. Implement reasonable inspection and cleaning protocols.

10. As a direct and proximate result of Defendant’s acts and omissions, Plaintiff sustained serious bodily injuries including but not limited to [list injuries], incurred medical expenses, suffered pain, mental anguish, lost wages, and will continue to incur damages into the future.

[// GUIDANCE: Paragraph 8 pleads all notice theories recognized in Ohio law. Omit any sub-paragraph that is unsupported after investigation.]

3. Count I – Negligence / Premises Liability

11. Plaintiff incorporates the foregoing paragraphs as if fully rewritten herein.

12. Defendant owed Plaintiff, an [invitee/licensee], a duty of ordinary care to maintain the Premises in a reasonably safe condition, to warn of latent hazards, and to prevent foreseeable injuries.

13. Defendant breached that duty by the acts and omissions set forth above.

14. Ohio follows modified comparative fault, barring recovery only if Plaintiff’s percentage of negligence exceeds 50 percent. Ohio Rev. Code § 2315.33.

15. Plaintiff’s injuries and damages were directly and proximately caused by Defendant’s breach, with no negligence on the part of Plaintiff that is equal to or greater than 50 percent.

4. Damages

16. Plaintiff seeks compensatory damages in excess of $25,000, including:
    a. Past and future medical expenses;
    b. Past and future pain and suffering;
    c. Mental anguish and emotional distress;
    d. Loss of enjoyment of life;
    e. Lost wages and diminished earning capacity; and
    f. Any other damages recoverable at law.

17. Plaintiff also seeks punitive damages if discovery reveals Defendant’s conduct was conscious, flagrant, or reckless.

18. Plaintiff’s noneconomic damages shall be awarded to the full extent permitted under Ohio Rev. Code § 2315.18 and any other applicable law, and Plaintiff reserves the right to challenge the constitutionality of statutory damage caps, if any.

[// GUIDANCE: Insert a specific dollar amount for ad damnum if local practice dictates.]

5. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:

A. Compensatory damages in an amount to be determined at trial, but in excess of $25,000;
B. Punitive damages as allowed by law;
C. Pre- and post-judgment interest pursuant to R.C. § 1343.03;
D. Costs of this action; and
E. All other legal and equitable relief to which Plaintiff is entitled.

6. Jury Demand

Pursuant to Ohio Civ. R. 38(B) and the Seventh Amendment to the United States Constitution, Plaintiff demands a trial by a jury of eight (8) persons on all issues so triable.

7. Spoliation Notice

Plaintiff hereby demands that Defendant preserve all surveillance footage, maintenance logs, incident reports, training materials, and any other evidence relating to the occurrence described herein. Failure to do so may give rise to a claim for spoliation of evidence.

8. Reservation of Rights

Plaintiff reserves the right to amend this Complaint to assert additional claims, parties, or theories of recovery as discovery may reveal.

9. Verification

I, [PLAINTIFF NAME], verify under penalty of perjury that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.

[PLAINTIFF NAME]
Date: _______

[// GUIDANCE: Some Ohio counties require a separate verification or affidavit; confirm local practice.]

10. Certificate of Service

I certify that a copy of the foregoing Complaint was served upon the following counsel/party on this ___ day of ____, 20__, by [method of service consistent with Civ. R. 5(B)]:

• [DEFENSE COUNSEL OR DEFENDANT]
 [ADDRESS]

[ATTORNEY NAME] (Ohio Bar # ______)
Counsel for Plaintiff
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

[// GUIDANCE:
1. File the Complaint with the Clerk and pay the filing fee; then obtain instructions for service (Certified Mail, FedEx, or personal).
2. If Defendant is an out-of-state company, consider long-arm jurisdiction allegations (see R.C. § 2307.382).
3. Re-evaluate punitive damages after discovery; standard is “conscious disregard for a great probability of harm.”
4. Keep a litigation hold letter in a separate correspondence file.
5. For slip-and-fall incidents on snow/ice, plead around the “natural accumulation rule” unless facts support an exception.]