Personal Injury Complaint - Slip and Fall - Rhode Island

STATE OF RHODE ISLAND

SUPERIOR COURT

[COUNTY] COUNTY

[PLAINTIFF FULL LEGAL NAME],
  Plaintiff,

v. Civil Action No.: ________

[DEFENDANT FULL LEGAL NAME],
  Defendant.

COMPLAINT FOR PERSONAL INJURY
(Slip-and-Fall / Premises-Liability Action)
-------------- JURY TRIAL DEMANDED --------------

TABLE OF CONTENTS

1. Parties
2. Jurisdiction & Venue
3. Factual Allegations
4. Count I – Negligence (Premises Liability)
5. Damages
6. Jury Demand
7. Prayer for Relief
8. Reservation of Rights & Other Matters
9. Certification of Service

1. PARTIES

1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual citizen and resident of the State of [STATE], residing at [ADDRESS].

1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is [a Rhode Island corporation / limited liability company / individual] that owns, leases, operates, manages, and/or controls the premises located at [PREMISES ADDRESS] (the “Premises”).
  a. Defendant’s principal place of business is [ADDRESS].
  b. Defendant may be served with process through its registered agent: [NAME & ADDRESS].

2. JURISDICTION & VENUE

2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction pursuant to R.I. Gen. Laws § 8-2-14 (general civil jurisdiction of the Superior Court) because the amount claimed is sufficient to establish this Court's jurisdiction.

2.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Rhode Island because it [is organized under Rhode Island law / maintains its principal place of business in Rhode Island / transacts substantial business in Rhode Island / committed the tortious acts alleged herein within Rhode Island].

2.3 Venue. Venue is proper in [COUNTY] County because [SELECT AND STATE THE APPLICABLE FACTS: Plaintiff or an individual Defendant dwells here, or Defendant was found here, under R.I. Gen. Laws § 9-4-3; for a corporate Defendant, the other party dwells here, Defendant was found here, or the corporation is located here by its charter or holds its required or actual annual meetings here, under § 9-4-4]. Delete unused alternatives before filing.

2.4 Arbitration. A Superior Court civil action seeking monetary relief of $100,000 or less, exclusive of interest, costs, and attorney's fees, is subject to court-annexed arbitration under Superior Court Arbitration Rule 1(a), unless an exception or exemption applies. The parties may agree in writing to binding arbitration of another case under Rule 1(b), with court approval. Complete the court's arbitration certificate when required by Rule 1(e).

3. FACTUAL ALLEGATIONS

3.1 On [DATE] at approximately [TIME], Plaintiff was lawfully on the Premises as a[n] [invitee/customer/tenant/licensee].

3.2 At or near [SPECIFIC LOCATION ON PREMISES], Plaintiff slipped and fell due to a dangerous condition consisting of [wet floor/ice/snow/grease/debris/uneven surface] (the “Hazardous Condition”).

3.3 The Hazardous Condition had existed for a sufficient period of time that Defendant, in the exercise of reasonable care, knew or should have known of its existence. Defendant failed to correct, remove, or adequately warn of the Hazardous Condition.

3.4 Defendant owed Plaintiff a duty to use reasonable care in the inspection, maintenance, and operation of the Premises so as to avoid exposing lawful visitors to unreasonable risk of harm. See Mariorenzi v. Joseph DiPonte, Inc., 114 R.I. 294, 333 A.2d 127 (1975) (removing separate invitee and licensee duty categories for lawful visitors); Borgo v. Narragansett Electric Co., No. 2021-21-Appeal (R.I. 2022), at 10 n.2 (explaining that trespassers remain subject to a distinct rule).

3.5 Defendant breached its duty by, inter alia:
  a. Failing to maintain safe walking surfaces;
  b. Failing to inspect and discover the Hazardous Condition;
  c. Failing to warn Plaintiff of the Hazardous Condition; and
  d. Violating applicable building, safety, or health codes and industry standards.

3.6 As a direct and proximate result of Defendant’s negligence, Plaintiff sustained severe and painful bodily injuries, including but not limited to [DESCRIBE INJURIES], has incurred medical expenses, lost wages, impairment of earning capacity, pain and suffering, loss of enjoyment of life, and other damages.

4. COUNT I – NEGLIGENCE (PREMISES LIABILITY)

4.1 Plaintiff incorporates by reference ¶¶ 3.1–3.6 as though fully set forth herein.

4.2 Duty. Defendant owed Plaintiff a duty of reasonable care to maintain the Premises in a safe condition for lawful visitors.

4.3 Breach. Defendant breached its duty in the manner described above.

4.4 Causation. Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries.

4.5 Damages. Plaintiff has suffered and will continue to suffer economic and non-economic damages in an amount to be determined at trial.

4.6 Comparative Fault. Under Rhode Island’s pure comparative-fault statute, R.I. Gen. Laws § 9-20-4, any contributory negligence attributable to Plaintiff, if proven, shall not bar recovery but shall diminish damages in proportion to Plaintiff’s percentage of fault.

WHEREFORE, Plaintiff requests judgment against Defendant as set forth below.

5. DAMAGES

Plaintiff seeks the following categories of damages, all in amounts to be proven at trial:

a. Past and future medical expenses;
b. Past and future lost wages and loss of earning capacity;
c. Pain, suffering, mental anguish, and loss of enjoyment of life;
d. Permanent impairment and/or disability;
e. Incidental and consequential damages;
f. Pre- and post-judgment interest as provided by law; and
g. Such other and further relief—legal or equitable—as the Court deems just and proper.

6. JURY DEMAND

Pursuant to R.I. Super. Ct. R. Civ. P. 38(b) and Article I, § 15 of the Rhode Island Constitution, Plaintiff hereby demands a trial by jury on all issues so triable.

7. PRAYER FOR RELIEF

Plaintiff respectfully prays for judgment in his/her favor and against Defendant as follows:

1. An award of compensatory damages in an amount to be determined by the jury;
2. [OPTIONAL] An order requiring Defendant to remediate the Hazardous Condition to prevent future harm to lawful visitors;
3. An award of costs of suit and reasonable attorney’s fees where permitted by law;
4. Such other and further relief as the Court deems just and proper.

8. RESERVATION OF RIGHTS & OTHER MATTERS

8.1 Plaintiff reserves the right to amend this Complaint to add additional parties, assert additional theories of liability, or increase the ad damnum, as discovery may warrant and as justice may require.

8.2 Nothing herein shall be construed as a waiver of any right to pursue settlement, mediation, or voluntary arbitration.

9. SIGNATURE AND INITIAL SERVICE

Serve the filed complaint with the court-issued summons, Language Assistance Notice, and all other required documents under R.I. Super. Ct. R. Civ. P. 4. Complete the return of service after service is made. Rule 5 governs service of later papers.

_______________________________
[ATTORNEY NAME], Esq. (#R.I. Bar No. ____)
[LAW FIRM NAME]
[ADDRESS]
[TELEPHONE] • [EMAIL]
Counsel for Plaintiff