STATE OF RHODE ISLAND
[SUPERIOR/DISTRICT] 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 --------------
[// GUIDANCE: This template is drafted for a garden-variety slip-and-fall claim against a private commercial or residential property owner in Rhode Island. Insert or delete bracketed text as facts require, and tailor Counts for multiple defendants, corporate owners, management companies, contractors, or municipal entities.]
TABLE OF CONTENTS
- Parties
- Jurisdiction & Venue
- Factual Allegations
- Count I – Negligence (Premises Liability)
- Damages
- Jury Demand
- Prayer for Relief
- Reservation of Rights & Other Matters
- Certification of Service
[// GUIDANCE: A table of contents is not required by rule, but including one enhances readability in complex pleadings.]
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].
[// GUIDANCE: Insert additional defendants—e.g., property management company, snow-removal contractor, parent entity—using the same format.]
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 in controversy exceeds $10,000, exclusive of interest and costs.
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 this County under R.I. Gen. Laws § 9-4-3 because the cause of action arose in this County and/or Defendant resides or has a principal place of business in this County.
2.4 Arbitration. Plaintiff does not consent to binding arbitration at this time. The parties may stipulate to voluntary, non-binding arbitration pursuant to R.I. Gen. Laws § 10-3-2, or to court-annexed arbitration under Super. Ct. R. Arb., by separate written agreement.
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 (1966) (abolishing common-law status distinctions and adopting a general duty of reasonable care to lawful entrants).
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.
[// GUIDANCE: If suing a municipal defendant, insert compliance with the 60-day notice requirement of R.I. Gen. Laws § 45-15-9 and attach a copy of the written notice as an exhibit.]
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.
[// GUIDANCE: Rhode Island permits punitive damages only upon a showing of willful, wanton, or malicious conduct. Insert a separate count for punitive damages if facts support.]
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:
- An award of compensatory damages in an amount to be determined by the jury;
- [OPTIONAL] An order requiring Defendant to remediate the Hazardous Condition to prevent future harm to lawful visitors;
- An award of costs of suit and reasonable attorney’s fees where permitted by law;
- 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. CERTIFICATION OF SERVICE
I hereby certify that on this ___ day of ____ 20__, a true and correct copy of the foregoing Complaint was served on counsel for Defendant [NAME] via [METHOD OF SERVICE] in accordance with the Rhode Island Superior Court Rules of Civil Procedure.
[ATTORNEY NAME], Esq. (#R.I. Bar No. ____)
[LAW FIRM NAME]
[ADDRESS]
[TELEPHONE] • [EMAIL]
Counsel for Plaintiff
[// GUIDANCE:
1. Attach Civil Case Cover Sheet (Form #CIV-113) and filing fee check when submitting to the Clerk.
2. If venue is the Rhode Island District Court (amount in controversy ≤ $10,000), modify jurisdictional allegations accordingly.
3. Verify all factual allegations with the client; inaccuracies can expose counsel to sanctions under Super. Ct. R. Civ. P. 11.
4. Consider issuing spoliation letters to preserve surveillance footage, maintenance logs, and snow-removal records immediately upon retention.
5. Calendar the three-year statute of limitations for personal injuries (R.I. Gen. Laws § 9-1-14(b)).
]