Personal Injury Complaint - Slip and Fall

IN THE COURT OF COMMON PLEAS

[___] JUDICIAL CIRCUIT

STATE OF SOUTH CAROLINA

COUNTY OF ☐

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME(S)],
Defendant(s).

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 The amount in controversy exceeds the jurisdictional minimum of this Court.

1.4 Venue is proper in this Court pursuant to S.C. Code Ann. § 15-7-30 because the causes of action arose in this County and/or Defendant resides or does business herein.

1.5 This Court has subject-matter jurisdiction over this personal-injury action pursuant to Article V of the South Carolina Constitution and S.C. Code Ann. § 14-5-350.

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 – $[___] (to be supplemented under S.C.R.Civ.P. 26(e)).

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 to deter and punish Defendant’s reckless disregard for the safety of others, subject to S.C. Code Ann. §§ 15-32-520 et seq.

6. RESERVATION REGARDING COMPARATIVE FAULT

6.1 Plaintiff affirmatively pleads that any negligence on Plaintiff’s part, if any, was less than fifty percent (50%) of the total fault and therefore does not bar recovery under South Carolina’s modified comparative-negligence rule.

6.2 Plaintiff reserves the right to amend this Complaint to add additional parties whose fault may be compared under S.C. Code Ann. § 15-38-15.

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, including reasonable expert-witness fees;
e. For such other and further relief as the Court deems just and proper.

8. JURY DEMAND

Pursuant to Rule 38, S.C.R.Civ.P., 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 foregoing Complaint on the following party(ies) by [method of service: U.S. Mail, certified mail, restricted delivery; personal delivery; electronic service pursuant to Rule 5(b)(1), S.C.R.Civ.P.]:

• [Name and address of counsel or unrepresented party]

_________________________________
[ATTORNEY NAME]

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