Personal Injury Complaint - Slip and Fall - South Dakota
COMPLAINT FOR DAMAGES — SLIP AND FALL
IN THE CIRCUIT COURT OF SOUTH DAKOTA, [JUDICIAL CIRCUIT]
[COUNTY] COUNTY
| Party | Role |
|---|---|
| [PLAINTIFF NAME] | Plaintiff |
| v. | |
| [DEFENDANT NAME] | Defendant |
Civil No. [____________]
JURY TRIAL DEMANDED
Plaintiff alleges:
Parties, jurisdiction, and venue
-
Plaintiff [PLAINTIFF NAME] resides in [CITY], South Dakota. Defendant [DEFENDANT NAME] is [DESCRIBE ENTITY OR INDIVIDUAL AND SOUTH DAKOTA CONNECTION].
-
This action seeks damages for personal injury. The circuit court has original jurisdiction over actions at law under SDCL § 16-6-9(2).
-
Venue is proper in [COUNTY] County under SDCL § 15-5-8 because [THE INJURY OCCURRED / THE CAUSE OF ACTION AROSE] there.
Facts
-
On [DATE], Plaintiff entered [PREMISES ADDRESS] as a business invitee for [PURPOSE]. Defendant [OWNED / OPERATED / CONTROLLED] the premises.
-
[DESCRIBE THE CONDITION, ITS LOCATION, AND HOW THE FALL OCCURRED]. Plaintiff slipped and fell because of that condition.
-
Defendant [KNEW OF THE CONDITION BECAUSE OF SPECIFIC FACTS / SHOULD HAVE FOUND IT THROUGH REASONABLE INSPECTION BECAUSE OF SPECIFIC FACTS]. Defendant failed to [INSPECT / REPAIR / WARN], although it had a reasonable opportunity to do so.
-
Plaintiff sustained [INJURIES], incurred [MEDICAL EXPENSES AND OTHER LOSSES], and has [DESCRIBE SUPPORTED FUTURE LOSSES, IF ANY].
-
The injury occurred on [DATE]. This action is filed on [DATE], within the period applicable under SDCL § 15-2-14(3), subject to any special limitation that applies to these facts.
Count I — Negligence and premises liability
-
Plaintiff repeats paragraphs 1 through 8. Defendant owed Plaintiff, a business invitee, reasonable or ordinary care for Plaintiff's safety. Tammen v. K & K Management Services, Inc., 2019 S.D. 29, ¶¶ 21–22.
-
Defendant breached that duty by [DESCRIBE THE UNREASONABLE FAILURE TO INSPECT, REPAIR, OR WARN IN LIGHT OF THE FACTS]. That breach caused Plaintiff's fall and the injuries alleged above.
-
If Plaintiff was negligent, any contributory negligence was slight in comparison with Defendant's negligence. Plaintiff seeks damages reduced, if required, in proportion to Plaintiff's contributory negligence under SDCL § 20-9-2.
Damages and relief
-
Plaintiff seeks proven medical expenses, lost earnings, other economic losses, pain and suffering, and any supported future losses.
-
If the evidence supports oppression, fraud, or malice within SDCL § 21-3-2, Plaintiff requests exemplary damages. Before punitive discovery or submission of that request to the factfinder, Plaintiff will seek the hearing and finding required by SDCL § 21-1-4.1.
Plaintiff requests judgment for compensatory damages in an amount proved at trial; exemplary damages only if legally supported and permitted after the required hearing; interest and costs as allowed by law; and other appropriate relief.
Jury demand
Under S.D. Const. art. VI, § 6 and SDCL § 15-6-38(a)-(b), Plaintiff demands a jury trial on all issues triable of right by a jury.
Date: [__/__/____]
__________________________________
[ATTORNEY NAME], SD Bar No. [____]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff
About this template
- Last updated
- October 28, 2026
- Citations checked
- October 28, 2026
- Jurisdiction
- South Dakota
- Category
- Personal Injury
Legal authority
- S.D. Const. art. VI, § 6
- SDCL § 16-6-9 (circuit court original civil jurisdiction)
- SDCL § 15-5-8 (venue for actions to recover damages to persons — county where damages inflicted or cause of action arose)
- SDCL § 15-2-14(3) (three-year statute of limitations for personal injury)
- SDCL § 20-9-2 (slight/gross comparative negligence)
- SDCL § 3-21-2 (180-day notice of claim against public entities)
- SDCL § 15-6-38(a)-(b) (jury trial right and written demand)
- SDCL § 21-3-2 (exemplary damages)
- SDCL § 21-1-4.1 (hearing before punitive discovery or factfinder submission)
Personal injury cases are brought by people who were hurt because of someone else's carelessness: car crashes, slip and falls, defective products, and more. Demand letters, settlement agreements, and court filings in these cases have to document the injuries, the medical treatment, the lost income, and the exact legal basis for holding the other side responsible. Well-prepared paperwork is what drives higher settlements and forces insurers to take the claim seriously.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 28, 2026.
S.D. Const. art. VI, § 6 (checked October 28, 2026): "The right of trial by jury shall remain inviolate and shall extend to all cases at law without regard to the amount in controversy"
SDCL § 16-6-9(2) (checked October 28, 2026): "The circuit court has original jurisdiction as follows: (1) In all actions or proceedings in chancery; (2) In all actions at law and in equity;"
SDCL § 15-5-8 (checked October 28, 2026): "Actions for conversion of personal property, or for the recovery of damages to persons or property, may at the option of the plaintiff be brought and tried in the county where the damages were inflicted or the cause of action arose."
SDCL § 15-2-14 (checked October 28, 2026): "the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued:"
Draft your Personal Injury Complaint - Slip and Fall in the editor
Answer a few questions, let the AI editor draft each section from your answers, review it, and download Word and PDF. $99 one time, or $249 per month for every document and every Ezel app.