IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [COUNTY NAME]
[PLAINTIFF NAME],
an individual,
Plaintiff,
v.
[DEFENDANT NAME],
a(n) [corporation/LLC/partnership/individual],
Defendant.
Case No. ______
COMPLAINT
(Premises Liability – Slip and Fall)
Not Subject to Mandatory Arbitration
(ORCP 36 et seq.)
DEMAND FOR JURY TRIAL
TABLE OF CONTENTS
- Preliminary Statement
- Parties
- Jurisdiction and Venue
- Definitions
- Factual Allegations
- First Claim for Relief – Premises Liability (Negligence)
- Comparative Fault Allegations
- Damages
- Prayer for Relief
- Jury Demand
- Reservation of Rights
- Certificate of Compliance (ORCP 17)
- Verification (Optional)
- Signature Block
1. PRELIMINARY STATEMENT
1.1 This is a civil action for personal injuries arising out of a slip-and-fall incident that occurred on or about [DATE] on premises owned, controlled, and/or maintained by Defendant.
1.2 Plaintiff seeks economic and noneconomic damages in an amount to be proven at trial, together with costs, disbursements, pre- and post-judgment interest, and all other relief the Court deems just and proper.
[// GUIDANCE: If the claim is against a public body, insert an allegation establishing timely tort claim notice. E.g., “Plaintiff provided written notice pursuant to Or. Rev. Stat. § 30.275 within 180 days of the Incident.”]
2. PARTIES
2.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is, and at all material times was, a resident of the State of Oregon residing in [COUNTY OF RESIDENCE].
2.2 Defendant [DEFENDANT NAME] (“Defendant”) is a [form of entity] organized under the laws of [STATE] with its principal place of business in [CITY, STATE], and at all material times did business in [COUNTY NAME], Oregon.
2.3 At all relevant times, Defendant owned, leased, possessed, controlled, and/or was otherwise responsible for the premises located at [PROPERTY ADDRESS] (the “Premises”).
3. JURISDICTION AND VENUE
3.1 This Court has subject-matter jurisdiction under Or. Const. art. VII § 9 and Oregon Revised Statutes.
3.2 Venue is proper in this County under ORCP 4 A(2) because Defendant resides or does business in this County and under ORCP 4 C because the events giving rise to Plaintiff’s claims occurred here.
4. DEFINITIONS
As used in this Complaint, the following terms have the meanings set forth below. Capitalized terms apply throughout this pleading.
“Incident” means the slip-and-fall event that occurred on or about [DATE] on the Premises.
“Premises” has the meaning given in Paragraph 2.3.
“Plaintiff” and “Defendant” have the meanings given in Paragraphs 2.1 and 2.2, respectively.
5. FACTUAL ALLEGATIONS
5.1 On [DATE] at approximately [TIME], Plaintiff lawfully entered the Premises as a [business invitee/licensee/social guest—select as applicable].
5.2 While traversing the [specific location, e.g., “north aisle adjacent to the frozen-food section”], Plaintiff encountered a [describe hazardous condition, e.g., “large accumulation of water and melting ice”] (the “Hazardous Condition”).
5.3 The Hazardous Condition was not open and obvious to Plaintiff and was not accompanied by any warning signs or barriers.
5.4 The Hazardous Condition caused Plaintiff to slip, fall, and sustain serious bodily injuries including but not limited to [SPECIFY INJURIES].
5.5 At all material times:
a. Defendant knew or, in the exercise of reasonable care, should have known of the Hazardous Condition;
b. Defendant failed to inspect, maintain, or remedy the Hazardous Condition; and
c. Defendant failed to warn invitees, including Plaintiff, of the Hazardous Condition.
5.6 As a direct and proximate result of Defendant’s conduct, Plaintiff has suffered economic and noneconomic damages described herein.
6. FIRST CLAIM FOR RELIEF
(Premises Liability – Negligence)
6.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 5 as though fully set forth herein.
6.2 Defendant owed Plaintiff a duty of reasonable care to maintain the Premises in a reasonably safe condition and to warn of any unreasonable dangers.
6.3 Defendant breached that duty by, inter alia:
a. Failing to conduct reasonable inspections;
b. Allowing the Hazardous Condition to exist for an unreasonable period;
c. Failing to remedy or cordon off the Hazardous Condition; and
d. Failing to provide adequate warnings.
6.4 Defendant’s breach was a substantial factor in causing Plaintiff’s injuries and damages.
6.5 Plaintiff’s damages include but are not limited to:
a. Past and future medical expenses estimated at $[AMOUNT];
b. Lost wages and loss of earning capacity estimated at $[AMOUNT];
c. Noneconomic damages for pain, suffering, emotional distress, and loss of enjoyment of life in an amount not to exceed the jurisdictional limits of this Court and subject to any applicable statutory caps.
7. COMPARATIVE FAULT ALLEGATIONS
7.1 Plaintiff alleges that Defendant is 100% at fault for the Incident.
7.2 Pursuant to Or. Rev. Stat. § 31.600 (modified comparative negligence), any finding of Plaintiff’s fault less than or equal to 50% shall not bar recovery but shall proportionally diminish any award.
7.3 In the alternative, if Plaintiff is found to have been contributorily negligent, such negligence was less than the negligence of Defendant.
8. DAMAGES
8.1 Economic Damages: $[AMOUNT] (medical expenses, wage loss, and other out-of-pocket costs).
8.2 Noneconomic Damages: $[AMOUNT], or such other amount as the jury determines to be fair, just, and reasonable, consistent with applicable law and any statutory limitations.
8.3 Costs, disbursements, and pre- and post-judgment interest as provided by law.
8.4 Any other relief the Court deems equitable and just.
[// GUIDANCE: If suing a public body, insert separate paragraph referencing damage caps under Or. Rev. Stat. §§ 30.272–.273.]
9. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:
A. For economic damages in the amount of $[AMOUNT];
B. For noneconomic damages in the amount of $[AMOUNT] (subject to any statutory caps);
C. For Plaintiff’s costs and disbursements incurred herein;
D. For pre-judgment and post-judgment interest as allowed by law; and
E. For such other and further relief as the Court may deem just and equitable.
10. JURY DEMAND
Pursuant to Or. Const. art. I § 17 and ORCP 52, Plaintiff demands a trial by jury on all triable issues.
11. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to assert additional claims, add parties, or modify damages consistent with the Oregon Rules of Civil Procedure and the evidence discovered.
12. CERTIFICATE OF COMPLIANCE
I certify that this pleading is not being presented for any improper purpose, that the claims and legal contentions are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law, and that the factual contentions have evidentiary support. See Or. R. Civ. P. 17.
13. VERIFICATION (OPTIONAL)
STATE OF OREGON )
: ss.
COUNTY OF ______ )
I, [PLAINTIFF NAME], being first duly sworn, depose and say that I am the Plaintiff in the above-entitled action; I have read the foregoing Complaint and know the contents thereof; and the same is true and correct to the best of my knowledge, information, and belief.
[PLAINTIFF SIGNATURE]
[PLAINTIFF NAME]
Subscribed and sworn before me this ___ day of ____, 20__.
Notary Public for Oregon
My Commission Expires: ____
[// GUIDANCE: Verification is not required in most Oregon personal injury actions but may be used strategically.]
14. SIGNATURE BLOCK
Respectfully submitted this ___ day of ____, 20__.
[LAW FIRM NAME]
By: _____
[ATTORNEY NAME], OSB No. [######]
[Street Address]
[City, State Zip]
Telephone: () -____
Email: [email address]
Attorney for Plaintiff