IN THE DISTRICT COURT OF [COUNTY] COUNTY, TEXAS
[___] JUDICIAL DISTRICT
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v. § CIVIL ACTION NO. _____
§
[DEFENDANT FULL LEGAL NAME], §
Defendant. §
PLAINTIFF’S ORIGINAL COMPLAINT
(JURY TRIAL DEMANDED)
[// GUIDANCE: This template tracks Texas Rules of Civil Procedure (Tex. R. Civ. P.) and Texas premises-liability standards. Customize bracketed fields, add factual detail, and confirm all dollar amounts before filing.]
TABLE OF CONTENTS
- Parties ....................................................................................................... 2
- Jurisdiction & Venue ............................................................................ 2
- Definitions .............................................................................................. 3
- Factual Allegations ................................................................................ 4
- Causes of Action .................................................................................... 6
5.1 Count I — Premises Liability (Negligence) .............................. 6
5.2 Comparative Fault Allegations ................................................. 7 - Damages .................................................................................................. 8
- Conditions Precedent ............................................................................ 9
- Preservation of Evidence .................................................................... 9
- Rule 47 Statement of Relief ............................................................... 9
- Jury Demand ........................................................................................ 10
- Prayer .................................................................................................... 10
- Request for Disclosures (Rule 194) ............................................... 11
- Certificate of Service ......................................................................... 12
1. PARTIES
1.1 Plaintiff [PLAINTIFF NAME] is an individual resident of [COUNTY] County, Texas.
1.2 Defendant [DEFENDANT NAME] is a [corporation/LLC/individual] that owns, occupies, and/or controls the premises located at [PREMISES ADDRESS] (the “Premises”) and may be served with process by serving its registered agent:
Name: [AGENT NAME]
Address: [AGENT ADDRESS].
[// GUIDANCE: If additional defendants (e.g., property manager, parent company) are necessary, add separate paragraphs for each.]
2. JURISDICTION & VENUE
2.1 The Court has subject-matter jurisdiction because Plaintiff seeks monetary relief within the jurisdictional limits of this Court.
2.2 Venue is proper in [COUNTY] County under Tex. Civ. Prac. & Rem. Code § 15.002(a)(1) because all or a substantial part of the events or omissions giving rise to this lawsuit occurred in this county, and the Premises is located here.
3. DEFINITIONS
For purposes of this Complaint, the following capitalized terms have the meanings set forth below:
3.1 “Dangerous Condition” means the [describe condition, e.g., liquid spill, uneven flooring, or other hazardous defect] that existed on the Premises at the time of Plaintiff’s incident.
3.2 “Invitee” means a person, such as Plaintiff, who enters the Premises with Defendant’s express or implied permission for the mutual benefit of Plaintiff and Defendant.
3.3 “Premises” means the real property, building(s), improvements, and appurtenances located at [PREMISES ADDRESS], owned, operated, managed, or controlled by Defendant.
4. FACTUAL ALLEGATIONS
4.1 On or about [DATE], Plaintiff lawfully entered the Premises as an Invitee to [purpose of visit, e.g., shop, attend an appointment].
4.2 At or near [specific location on Premises], a Dangerous Condition existed, namely [detailed description].
4.3 Defendant knew or, in the exercise of ordinary care, should have known of the Dangerous Condition because [provide facts establishing actual or constructive notice—e.g., surveillance logs, employee observations, previous complaints, duration of hazard].
4.4 Defendant failed to make the Dangerous Condition reasonably safe or to warn Plaintiff of its existence.
4.5 As a direct and proximate result of Defendant’s acts and omissions, Plaintiff slipped/tripped, fell, and sustained serious bodily injuries, including but not limited to [list injuries].
4.6 Plaintiff has incurred medical expenses, lost wages, physical pain, mental anguish, physical impairment, disfigurement, and other damages in the past and will continue to incur such damages in the future.
[// GUIDANCE: Provide as much factual detail as available (e.g., photographs, incident reports) to strengthen notice allegations and defeat summary-judgment challenges.]
5. CAUSES OF ACTION
5.1 Count I — Premises Liability (Negligence)
5.1.1 Defendant owed Plaintiff, an Invitee, a duty to exercise ordinary care to (a) keep the Premises in a reasonably safe condition and (b) warn of or correct any unreasonably dangerous conditions of which Defendant had actual or constructive knowledge.
5.1.2 Defendant breached that duty by:
a. Failing to inspect and maintain the Premises in a reasonably safe condition;
b. Failing to correct the Dangerous Condition in a timely manner;
c. Failing to warn Plaintiff of the Dangerous Condition; and
d. Failing to implement and enforce adequate safety policies and procedures.
5.1.3 Defendant’s breach was the proximate and producing cause of Plaintiff’s injuries and damages.
5.2 Comparative Fault Allegations
5.2.1 Plaintiff invokes Chapter 33 of the Texas Civil Practice & Remedies Code. To the extent Defendant contends that any person or entity, including Plaintiff, bears responsibility, Defendant must plead and prove the percentage of responsibility, if any, attributable to such person or entity. See Tex. Civ. Prac. & Rem. Code Ann. § 33.001 et seq.
5.2.2 Plaintiff expressly denies any negligence; however, if Plaintiff is found negligent, Plaintiff’s percentage of responsibility shall reduce, but not bar, recovery unless it exceeds 50 percent.
6. DAMAGES
6.1 Plaintiff seeks compensation for the following elements of damage recognized by Texas law:
a. Medical expenses (past and future);
b. Lost earnings and loss of earning capacity;
c. Physical pain and suffering (past and future);
d. Mental anguish (past and future);
e. Physical impairment;
f. Disfigurement; and
g. Pre- and post-judgment interest as allowed by law.
6.2 Plaintiff further seeks taxable court costs and any other relief to which Plaintiff is justly entitled.
[// GUIDANCE: Texas does not impose statutory caps on ordinary premises-liability claims against private defendants. Caps may apply if Defendant is a governmental unit (Tex. Civ. Prac. & Rem. Code § 101.023). Evaluate and amend if governmental-entity liability is implicated.]
7. CONDITIONS PRECEDENT
7.1 All conditions precedent to Plaintiff’s claims have occurred, have been performed, or have been waived.
[// GUIDANCE: If suing a governmental entity, add compliance with the six-month written-notice requirement under Tex. Civ. Prac. & Rem. Code § 101.101, or applicable city charter notice.]
8. PRESERVATION OF EVIDENCE
8.1 Defendant is hereby requested and instructed to preserve all evidence relating to the incident, including surveillance footage, inspection logs, maintenance records, witness statements, and any electronically-stored information. Failure to do so may result in spoliation sanctions.
9. RULE 47 STATEMENT OF RELIEF
9.1 Pursuant to Tex. R. Civ. P. 47(c), Plaintiff seeks monetary relief over $250,000 but not more than $1,000,000, and a demand for judgment for all other relief to which Plaintiff is entitled.
[// GUIDANCE: Select the appropriate Rule 47 category based on your client’s damages evaluation.]
10. JURY DEMAND
10.1 Plaintiff demands a trial by jury and has tendered the statutory jury fee.
11. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that Defendant be cited to appear and answer, and that upon final trial, Plaintiff have judgment against Defendant for:
- Actual damages as set forth above;
- Pre-judgment and post-judgment interest as allowed by law;
- Costs of court; and
- Such other and further relief, at law or in equity, to which Plaintiff may be justly entitled.
12. REQUEST FOR DISCLOSURES (Tex. R. Civ. P. 194)
12.1 Under Rule 194, Defendant is requested to disclose, within 30 days of service of this request, the information and materials described in Rule 194.2.
13. CERTIFICATE OF SERVICE
I certify that on the ___ day of [MONTH], [YEAR], a true and correct copy of the foregoing document was served on all counsel of record in accordance with the Texas Rules of Civil Procedure.
[// GUIDANCE: Select delivery method—e-file, certified mail, personal service, etc.]
Respectfully submitted,
[LAW FIRM NAME]
[Address]
[City, State ZIP]
Telephone: []
Facsimile: []
Email: [___]
By: _____
[ATTORNEY NAME]
State Bar No. [_]
ATTORNEYS FOR PLAINTIFF
[// GUIDANCE: If verification is required (e.g., suit against governmental unit), add an unsworn declaration under Tex. Civ. Prac. & Rem. Code § 132.001 beneath the signature block.]
END OF DOCUMENT