Personal Injury Complaint - Slip and Fall

IN THE CIRCUIT COURT FOR [___] COUNTY, TENNESSEE

_______________________________________
PLAINTIFF: [PLAINTIFF FULL LEGAL NAME],
an individual residing at
[PLAINTIFF STREET ADDRESS]
[PLAINTIFF CITY, STATE ZIP]

v.

DEFENDANT: [DEFENDANT FULL LEGAL NAME],
a [STATE OF ORGANIZATION] [corporation/LLC/individual] with its principal place of business at
[DEFENDANT STREET ADDRESS]
[DEFENDANT CITY, STATE ZIP]
_______________________________________

Civil Action No.: ______
Jury Demand: ☒ Yes ☐ No

COMPLAINT FOR PERSONAL INJURY – PREMISES LIABILITY (SLIP-AND-FALL)

TABLE OF CONTENTS

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

1. Parties, Jurisdiction, and Venue

1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an adult resident of Tennessee and was lawfully on the premises described herein at all relevant times.

1.2 Defendant. [DEFENDANT NAME] (“Defendant”) owned, operated, managed, leased, and/or maintained the premises located at [PROPERTY ADDRESS] (“Premises”) on the date of the incident described below.

1.3 Jurisdiction. This Court has subject-matter jurisdiction pursuant to Tenn. Code Ann. § 16-10-101 and all other applicable provisions of Tennessee law.

1.4 Venue. Venue is proper in this Court under Tenn. Code Ann. § 20-4-101 because the cause of action arose in [___] County and Defendant conducts business or may be served in this county.

1.5 Amount in Controversy. The damages sought exceed Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs.

2. Definitions

For ease of reference, the capitalized terms below shall have the following meanings:

2.1 “Incident” means the slip-and-fall event that occurred on or about [DATE] at approximately [TIME].

2.2 “Hazardous Condition” means the [describe condition, e.g., “liquid substance,” “accumulated ice,” “loose floor tile,” etc.] located in/around [specific location on Premises].

2.3 “Invitee” means a person, such as Plaintiff, who was lawfully on the Premises for purposes mutually beneficial to Plaintiff and Defendant.

3. Factual Allegations

3.1 On [DATE], Plaintiff entered the Premises as an Invitee for the purpose of [shopping/dining/other].

3.2 At the time of the Incident, the Hazardous Condition existed in an area of the Premises where customers were expected or permitted to walk.

3.3 Defendant, through its agents and employees, knew or in the exercise of reasonable care should have known of the Hazardous Condition because:
 a. It created the condition; or
 b. The condition had existed for such a length of time that Defendant, in the exercise of ordinary care, should have discovered and remedied it.

3.4 Plaintiff, exercising due care, was unaware of the Hazardous Condition and could not reasonably have discovered it before the fall.

3.5 As a direct and proximate result of Defendant’s acts and omissions, Plaintiff slipped, fell, and sustained severe bodily injuries, including but not limited to [describe injuries].

3.6 Plaintiff has incurred and will continue to incur medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and other damages.

4. Cause of Action – Negligence (Premises Liability)

4.1 Duty. Defendant owed Plaintiff a duty of reasonable care to maintain the Premises in a reasonably safe condition and to warn of latent defects.

4.2 Breach. Defendant breached that duty by:
 a. Failing to inspect, maintain, or repair the Hazardous Condition;
 b. Failing to post warnings or block access to the area; and/or
 c. Failing to implement reasonable policies and procedures for hazard detection and remediation.

4.3 Causation. Defendant’s breach was the actual and proximate cause of the Incident and Plaintiff’s injuries.

4.4 Damages. Plaintiff has suffered and will in the future suffer the damages set forth in Section 5 below.

5. Damages

5.1 Economic Damages – past and future medical expenses, lost earnings, loss of earning capacity, and other out-of-pocket costs.

5.2 Non-Economic Damages – past and future pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, and permanent impairment, subject to any statutory caps imposed by Tenn. Code Ann. § 29-39-102.

5.3 Pre-Judgment and Post-Judgment Interest – as allowed by law.

5.4 Costs – all discretionary and taxable costs permitted under Tennessee law.

6. Comparative Fault Allegations

6.1 Plaintiff affirmatively pleads that her fault, if any, was less than fifty percent (50%) of the total fault such that recovery is not barred under Tennessee’s modified comparative fault doctrine.

6.2 Pursuant to Tenn. R. Civ. P. 8.03, Defendant is hereby placed on notice to affirmatively plead the identity and fault percentage of any non-party it contends caused or contributed to Plaintiff’s injuries.

7. Prayer for Relief

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

a. Award compensatory damages in an amount to be determined by the jury but not less than $[___];
b. Award pre- and post-judgment interest as allowed by law;
c. Tax all discretionary costs to Defendant;
d. Grant limited injunctive relief compelling Defendant to remediate the Hazardous Condition and implement reasonable safety protocols; and
e. Grant such other and further legal or equitable relief as the Court deems just and proper.

8. Jury Demand

Pursuant to Article I, § 6 of the Tennessee Constitution and Tenn. R. Civ. P. 38, Plaintiff demands a trial by jury on all issues so triable.

9. Conditions Precedent & Reservation of Rights

9.1 All conditions precedent to the filing of this action have been performed, satisfied, or waived.

9.2 Plaintiff reserves the right to amend this Complaint to assert additional claims, to add parties, and to seek punitive damages upon proper motion and a finding of the requisite factual predicate under Tennessee law.

10. Verification (optional)

11. Certificate of Service

I hereby certify that on this ___ day of __________ 20__, a true and correct copy of the foregoing Complaint was served upon all counsel of record via [describe method—e-filing, hand delivery, U.S. mail, etc.] in accordance with Tenn. R. Civ. P. 5.

_________________________________
[ATTORNEY NAME], BPR No. ______
[LAW FIRM NAME]
[STREET ADDRESS] | [CITY, STATE ZIP]
Telephone: [___-___-____]
Email: [___]
Counsel for Plaintiff

```

[// GUIDANCE ON CUSTOMIZATION & RISK MANAGEMENT:

1. Statute of Limitations – Confirm that filing occurs within the one-year period for personal injury actions (Tenn. Code Ann. § 28-3-104).
2. Governmental Defendants – If the Premises is government-owned, comply with the Tennessee Governmental Tort Liability Act notice and pleading requirements.
3. Comparative Fault – Serve discovery early to identify non-parties for potential allocation of fault.
4. Damage Caps – Non-economic damages are generally capped at $750,000 ($1,000,000 for catastrophic injury). Plead in a manner that preserves the ability to challenge caps on constitutional grounds if desired.
5. Evidence Preservation – Send spoliation letters to Defendant and any third parties (e.g., cleaning contractors, security companies) to preserve surveillance footage, maintenance logs, and incident reports.
6. Injunctive Relief – Although rarely granted in slip-and-fall cases, pleading limited injunctive relief keeps the remedy available if ongoing hazards pose imminent risk.
7. Amendments – Monitor for new defendants (e.g., franchisees, parent companies) that may share liability. Amend within the statute of repose and before the comparative fault apportionment deadline.]