IN THE DISTRICT COURT OF [COUNTY] COUNTY
STATE OF OKLAHOMA
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
Case No.: _
Civil Action – Personal Injury (Slip and Fall)
COMPLAINT FOR DAMAGES
[// GUIDANCE: Insert the Clerk’s file-stamp block in the upper-right corner once filed.]
TABLE OF CONTENTS
- Parties ............................................................................................................. 2
- Jurisdiction and Venue ............................................................................. 2
- Factual Allegations ..................................................................................... 3
- Cause of Action – Premises Liability (Negligence) ............................. 5
- Damages ........................................................................................................ 6
- Comparative Fault Allegations ............................................................... 7
- Prayer for Relief ......................................................................................... 7
- Jury Demand ............................................................................................... 8
- Reservation of Rights ............................................................................... 8
- Attorney Certification (12 O.S. §2011) .................................................. 8
- Verification .................................................................................................. 9
1. PARTIES
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual resident of [RESIDENCE COUNTY], Oklahoma, who at all relevant times was lawfully present on Defendant’s premises located at [PROPERTY ADDRESS] (the “Premises”).
1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is [a corporation organized under the laws of ___ / an individual resident of ___], owning, operating, managing, or otherwise exercising control over the Premises. Defendant may be served with process at [SERVICE ADDRESS].
[// GUIDANCE: If multiple defendants (e.g., property manager, maintenance contractor, etc.), duplicate §1.2 and adapt.]
2. JURISDICTION AND VENUE
2.1 Subject-Matter Jurisdiction. This Court possesses subject-matter jurisdiction pursuant to Okla. Const. art. VII, §7, and 12 O.S. §2002.
2.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction because it resides in, is organized under the laws of, or conducts continuous and systematic business within the State of Oklahoma.
2.3 Venue. Venue is proper in this Court under 12 O.S. §139 because the events giving rise to this action occurred in [COUNTY] County and/or Defendant resides or may be served within this County.
3. FACTUAL ALLEGATIONS
3.1 On or about [DATE], Plaintiff lawfully entered the Premises as an [invitee/licensee] for the purpose of [shopping, employment, etc.].
3.2 At approximately [TIME], Plaintiff encountered a hazardous condition, specifically [describe hazard—e.g., “an accumulation of liquid on the floor in Aisle 5 without any warning signage”] (the “Hazardous Condition”).
3.3 The Hazardous Condition was not open and obvious to Plaintiff and posed an unreasonable risk of harm.
3.4 Defendant, by and through its agents, employees, and/or contractors, created the Hazardous Condition and/or had actual or constructive notice of its existence for a sufficient time to have discovered and remedied it through the exercise of ordinary care.
3.5 Defendant failed to (a) maintain the Premises in a reasonably safe condition, (b) inspect the Premises within reasonable intervals, and (c) warn invitees of the Hazardous Condition.
3.6 As a direct and proximate result of Defendant’s acts and omissions, Plaintiff slipped, fell, and sustained serious bodily injuries, including but not limited to [list injuries].
3.7 Plaintiff has incurred and will continue to incur medical expenses, lost wages, physical pain, mental anguish, and other damages in an amount to be proven at trial.
[// GUIDANCE: For governmental entities, insert ¶3.8 acknowledging compliance with the Oklahoma Governmental Tort Claims Act notice provisions, 51 O.S. §156, and attach the Notice of Claim as an exhibit.]
4. CAUSE OF ACTION – PREMISES LIABILITY (NEGLIGENCE)
4.1 Plaintiff incorporates by reference ¶¶1.1–3.7 as if fully set forth herein.
4.2 Duty. Defendant owed Plaintiff, as an invitee, a duty to exercise reasonable care to (a) keep the Premises in a reasonably safe condition and (b) warn of dangers that Defendant knew or, in the exercise of ordinary care, should have known existed.
4.3 Breach. Defendant breached the foregoing duties by:
(a) Failing to timely inspect and maintain the floor area where the Hazardous Condition existed;
(b) Failing to place warning signs or barriers; and
(c) Allowing the Hazardous Condition to persist despite actual or constructive notice.
4.4 Causation. Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries.
4.5 Damages. Plaintiff sustained actual damages described in §5 below.
5. DAMAGES
5.1 Economic Damages. Past and future medical expenses, rehabilitation costs, lost wages, and loss of earning capacity in excess of [$75,000 / TBD].
5.2 Non-Economic Damages. Past and future physical pain, mental anguish, disfigurement, and loss of enjoyment of life.
5.3 Punitive Damages. Pursuant to Okla. Stat. tit. 23, §9.1, Defendant’s reckless disregard for the safety of others warrants punitive damages in an amount to be determined by the trier of fact.
[// GUIDANCE: Oklahoma’s statutory cap on noneconomic damages (23 O.S. §61.2, typically $350,000) was declared unconstitutional in 2019. Verify current status before finalizing.]
6. COMPARATIVE FAULT ALLEGATIONS
6.1 In accordance with Okla. Stat. tit. 23, §13 (modified comparative negligence), Plaintiff denies any contributory negligence but pleads, in the alternative, that if Plaintiff is found comparatively negligent, such negligence does not exceed that of Defendant and will only diminish, not bar, Plaintiff’s recovery.
7. 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 by the jury;
b. Punitive damages as allowed by law;
c. Pre- and post-judgment interest at the statutory rate;
d. Costs of this action as provided by 12 O.S. §942;
e. Such other and further relief, whether legal or equitable, that the Court deems just and proper.
8. JURY DEMAND
Pursuant to Okla. Const. art. II, §19 and 12 O.S. §556, Plaintiff hereby demands a trial by jury on all issues so triable.
9. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to conform to the evidence, add additional parties, or assert additional causes of action as discovery may reveal.
10. ATTORNEY CERTIFICATION (12 O.S. §2011)
The undersigned counsel certifies that to the best of counsel’s knowledge, information, and belief, formed after reasonable inquiry, this pleading is not presented for any improper purpose, the claims are warranted by existing law or by a nonfrivolous argument for its extension, and the factual contentions have evidentiary support.
11. VERIFICATION
STATE OF OKLAHOMA )
) ss.
COUNTY OF __ )
I, [PLAINTIFF NAME], being duly sworn, state that I have read the foregoing Complaint, know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.
[PLAINTIFF NAME]
Subscribed and sworn to before me on this ___ day of ____, 20__, by [PLAINTIFF NAME].
Notary Public
My Commission Expires: _____
[// GUIDANCE: If Plaintiff is represented by counsel, verification may be omitted unless specifically required (e.g., allegations of fraud). Confirm local practice.]
Respectfully submitted,
[ATTORNEY NAME], OBA #__
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR PLAINTIFF
[// GUIDANCE:
1. Attach exhibits (medical bills, photographs, incident reports) as needed.
2. Confirm that service instructions comply with 12 O.S. §2004.
3. For governmental defendants, file a “Notice of Claim” exhibit and plead compliance with the 1-year statute of limitations under the Oklahoma Governmental Tort Claims Act.
4. File the “Summons” concurrently, using Oklahoma Uniform Summons form.]