Personal Injury Complaint - Slip and Fall - South Carolina

IN THE COURT OF COMMON PLEAS

[___] JUDICIAL CIRCUIT

STATE OF SOUTH CAROLINA

COUNTY OF [___]

Civil Action No.: [___]

COMPLAINT
(Jury Trial Demanded)

TABLE OF CONTENTS

1. Parties, Jurisdiction, and Venue
2. Definitions
3. Factual Allegations
4. First Cause of Action – Negligence (Premises Liability)
5. Damages
6. Reservation of Comparative Fault Issues
7. Prayer for Relief
8. Jury Demand
9. Verification
10. Signature Block
11. Certificate of Service

1. PARTIES, JURISDICTION, AND VENUE

1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a resident and citizen of the State of South Carolina, County of [___], over the age of eighteen, and is sui juris.

1.2 Upon information and belief, Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual] organized and existing under the laws of [State], with its principal place of business at [address], and at all relevant times owned, occupied, leased, possessed, and/or controlled the Premises (as defined below).

1.3 Plaintiff claims damages of $[________________] or an amount to be determined by the factfinder. S.C. Code Ann. § 22-3-10(2) gives magistrates concurrent jurisdiction over specified personal- or property-injury damages actions when the damages claimed do not exceed $7,500; that ceiling is not a minimum amount-in-controversy requirement for the Court of Common Pleas.

1.4 Venue is alleged to be proper in this Court under S.C. Code Ann. § 15-7-30 because [IDENTIFY DEFENDANT'S TYPE AND THE APPLICABLE SUBSECTION; STATE WHERE DEFENDANT RESIDED OR HAD ITS PRINCIPAL PLACE OF BUSINESS WHEN THE CLAIM AROSE, AND/OR WHERE THE MOST SUBSTANTIAL PART OF THE ALLEGED ACT OR OMISSION OCCURRED]. Doing business in the county, standing alone, does not establish a corporation's principal place of business under subsection (H).

1.5 The Court of Common Pleas is the civil division of the Circuit Court. Under S.C. Const. art. V, § 11, the Circuit Court is a general trial court with original civil jurisdiction except where exclusive jurisdiction is assigned to an inferior court. Plaintiff must confirm that no case-specific exclusive-jurisdiction rule applies.

2. DEFINITIONS

For ease of reference and consistency, the following capitalized terms shall have the meanings set forth below:

2.1 “Accident” means the slip-and-fall incident that occurred on or about [Date] at the Premises.

2.2 “Dangerous Condition” means any unsafe, defective, or unreasonably hazardous condition existing on the Premises, including but not limited to [e.g., accumulated liquid, foreign substance, uneven flooring, inadequate lighting].

2.3 “Premises” means the real property, improvements, and surrounding areas located at [Street Address, City, State, ZIP], which was owned, possessed, and/or controlled by Defendant at all relevant times.

2.4 “Related Parties” means Defendant’s officers, directors, members, managers, employees, agents, contractors, and any other persons or entities for whose acts or omissions Defendant may be liable under applicable law.

3. FACTUAL ALLEGATIONS

3.1 On [Date], at approximately [Time], Plaintiff lawfully entered the Premises as an [invitee/licensee—select appropriate status] to [e.g., shop, attend an event, deliver goods].

3.2 At the time of the Accident, a Dangerous Condition existed on the walking surface of the Premises, specifically [describe condition in detail].

3.3 Defendant knew, or in the exercise of reasonable care should have known, of the Dangerous Condition because:
 a. The condition had existed for a sufficient period to allow inspection and remediation; or
 b. Defendant or its Related Parties created the condition; or
 c. Prior similar incidents and/or complaints put Defendant on actual or constructive notice.

3.4 Defendant failed to:
 a. Inspect and maintain the Premises in a reasonably safe condition;
 b. Warn Plaintiff of the Dangerous Condition; and/or
 c. Remedy or barricade the Dangerous Condition.

3.5 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].

3.6 Plaintiff has incurred and will continue to incur medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, and other damages in amounts to be proven at trial.

4. FIRST CAUSE OF ACTION – NEGLIGENCE (PREMISES LIABILITY)

4.1 Plaintiff realleges and incorporates by reference Paragraphs 1.1 through 3.6 above as if fully set forth herein.

4.2 Defendant owed Plaintiff a duty of reasonable care under South Carolina premises-liability standards applicable to [invitees/licensees], including the duty to (a) inspect the Premises, (b) correct or make safe hazardous conditions, and (c) warn of known dangers not readily apparent.

4.3 Defendant breached its duty of care by, inter alia:
 a. Failing to maintain safe walking surfaces;
 b. Failing to implement reasonable inspection protocols;
 c. Failing to provide adequate warnings or barriers; and
 d. Violating applicable building, safety, or health codes and industry standards.

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

4.5 Plaintiff is therefore entitled to recover compensatory damages, including actual, special, and general damages, and, where supported by the evidence, punitive damages.

5. DAMAGES

5.1 Past Medical Expenses – $[___] (update the amount as supported by later evidence).

5.2 Future Medical Expenses – To be determined at trial according to proof.

5.3 Lost Wages and Loss of Earning Capacity – $[___] (continuing).

5.4 Non-Economic Damages – Pain and suffering, mental anguish, inconvenience, and loss of enjoyment of life in an amount to be determined by a fair-minded jury.

5.5 Punitive Damages – Plaintiff seeks punitive damages if clear and convincing evidence establishes that the harm resulted from Defendant's wilful, wanton, or reckless conduct under S.C. Code Ann. § 15-32-520(D). Section 15-32-530(A) generally limits punitive damages to the greater of three times compensatory damages or the annually adjusted dollar amount (statutory base: $500,000; verify the current State Register publication). Under subsection (B), the trial court may apply the greater-of-four-times-compensatory-or-$2-million tier upon the specified findings of primarily unreasonable financial gain with policy-level knowledge or approval of the dangerous conduct and high likelihood of injury, or conduct that could subject the defendant to felony conviction and proximately caused the damages. Under subsection (C), no cap applies only upon the trial court's findings of intent to harm that did harm the claimant; a guilty plea or conviction for a felony arising from the same causative conduct; or qualifying substantial impairment from alcohol, drugs other than lawfully prescribed drugs administered in accordance with the prescription, or the specified intentionally consumed toxic substances.

6. RESERVATION REGARDING COMPARATIVE FAULT

6.1 Plaintiff disputes any allegation that Plaintiff's own conduct contributed to the fall. The effect of any proven comparative fault depends on the applicable law and the claim's accrual date.

6.2 Any allocation of fault among defendants or qualifying nondefendant tortfeasors is governed by S.C. Code Ann. § 15-38-15. Its 2026 version applies only to claims arising or accruing after January 1, 2026; earlier claims require the prior version. Plaintiff disputes any attribution of fault unsupported by the evidence.

7. PRAYER FOR RELIEF

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

a. For actual and compensatory damages in an amount to be determined by the trier of fact;
b. For punitive damages as allowed by law;
c. For pre-judgment and post-judgment interest as allowed by law;
d. For the costs of this action as allowed by law;
e. For such other and further relief as the Court deems just and proper.

8. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

9. VERIFICATION

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I have read the foregoing Complaint, know the contents thereof, and believe the same to be true of my own knowledge, except as to matters stated on information and belief, and as to those matters I believe them to be true.

_________________________________
[PLAINTIFF NAME]

Subscribed and sworn before me
this ___ day of __________, 20__.

_________________________________
Notary Public for South Carolina
My Commission Expires: __________

10. SIGNATURE BLOCK

Respectfully submitted this ___ day of __________, 20__.

[LAW FIRM NAME]
Post Office Box [___]
[City], South Carolina [ZIP]
Telephone: (___) ___-____
Facsimile: (___) ___-____

By: ______________________________
[ATTORNEY NAME]
South Carolina Bar No. [___]
E-mail: [[email protected]]

ATTORNEY FOR PLAINTIFF

11. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20__, I served the summons and foregoing Complaint on the following party(ies) by [ACTUAL METHOD AUTHORIZED FOR INITIAL SERVICE OF PROCESS]:

• [Name and address of counsel or unrepresented party]

_________________________________
[ATTORNEY NAME]