Personal Injury Complaint - Slip and Fall - Utah

Before you use this: This complaint pleads an invitee's slip-and-fall injury. Adapt the visitor-status and duty allegations if the plaintiff was a licensee or another type of visitor. Select the damages tier carefully: Rule 8(a) limits recovery above a pleaded Tier 1 or Tier 2 ceiling unless the pleading is amended.

IN THE __________ JUDICIAL DISTRICT COURT

__________ COUNTY, STATE OF UTAH

COMPLAINT (Premises Liability—Slip and Fall)
JURY DEMAND

Civil No. _________
Judge _____________

I. INTRODUCTION

1. Plaintiff brings this personal-injury action to recover damages
   proximately caused by Defendant’s negligent maintenance, inspection,
   and operation of the premises located at [ADDRESS OR DESCRIPTION]
   (the “Premises”), resulting in a slip-and-fall incident on
   [DATE OF INCIDENT] (the “Incident”).

II. JURISDICTION & VENUE

2. This Court has subject-matter jurisdiction under Utah Code Ann.
   § 78A-5-102(1) (general civil jurisdiction).

3. Venue is proper in this County under Utah Code Ann. § 78B-3a-201
   because the cause of action arose in this County, subject to any
   applicable statutory exception.

III. THE PARTIES

4. Plaintiff [FULL LEGAL NAME] is, and at all material times was, a
   resident of __________ County, Utah.

5. Defendant [FULL LEGAL NAME] is a Utah [corporation/LLC/individual]
   with its principal place of business/residence at
   [DEFENDANT ADDRESS] and owns, leases, manages, or otherwise
   controls the Premises.

IV. DEFINITIONS

For ease of reference, the following capitalized terms are used:

a. “Incident” means the slip-and-fall event on [DATE].
b. “Premises” means the real property, buildings, and appurtenant
areas located at [ADDRESS].
c. “Hazardous Condition” means the [wet floor/ice/uneven surface/
other condition] that caused Plaintiff’s fall.

V. FACTUAL ALLEGATIONS

6. On [DATE & TIME], Plaintiff entered the Premises as an invitee
   because Defendant held them open to the public or for a purpose
   connected to Defendant's business: [STATE FACTS].

7. A Hazardous Condition existed on the walking surface in the
   [specific location, e.g., foyer, aisle 12, parking lot].

8. Defendant, through its agents and employees:
   a. Knew or should have known of the Hazardous Condition and its
   unreasonable risk of harm because [STATE FACTS SUPPORTING NOTICE];
   b. Knew or should have known Plaintiff would not discover the
   condition or would fail to protect against it because [STATE FACTS];
   c. Failed to repair, replace, or adequately warn about the condition.

9. Plaintiff exercised due care but nonetheless slipped, fell, and
   sustained severe bodily injuries, including but not limited to
   [list injuries].

VI. FIRST CAUSE OF ACTION — NEGLIGENCE (Premises Liability)

10. Plaintiff realleges ¶¶ 1–9 as though fully set forth herein.

11. Defendant owed Plaintiff, an invitee, reasonable care to discover
    the pleaded condition and to repair, replace, or adequately warn
    about it under the circumstances alleged above.

12. Defendant breached that duty by failing to:
    a. Conduct reasonable inspections;
    b. Correct the Hazardous Condition; and/or
    c. Provide adequate warning (e.g., cones, signage).

13. Defendant’s breach was the proximate and legal cause of the
    Incident and Plaintiff’s resulting injuries.

VII. COMPARATIVE FAULT

14. Under Utah Code § 78B-5-818(2), Plaintiff's fault, if any, is less
    than the combined fault of Defendant and any other defendants,
    immune persons, and nonparties to whom fault is allocated, before
    any reallocation under § 78B-5-819(2).

15. The allocation of fault and any resulting reduction in recovery
    should follow Utah Code §§ 78B-5-818 and 78B-5-819. Under
    § 78B-5-820(1), each defendant's liability is limited to the
    proportion of damages equivalent to that defendant's fault.

VIII. DAMAGES

16. As a direct result of Defendant’s negligence, Plaintiff suffered
    damages including:
    a. Past and future medical expenses, currently estimated at
    $[AMOUNT];
    b. Past and future lost wages and diminished earning capacity,
    presently estimated at $[AMOUNT];
    c. Pain and suffering, emotional distress, and loss of enjoyment
    of life;
    d. Out-of-pocket expenses; and
    e. Any other damages permitted by Utah law.

17. Plaintiff seeks recoverable compensatory damages in an amount
    to be proven at trial.

18. Because Plaintiff does not plead a specific total damages amount,
    Plaintiff pleads that the damages qualify for the selected tier under
    Utah R. Civ. P. 8(a) and 26(c)(3): ☐ Tier 1 ($50,000 or less);
    ☐ Tier 2 (more than $50,000 and less than $300,000);
    ☐ Tier 3 ($300,000 or more). Select one tier before filing.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendant
as follows:

A. General and special damages in an amount to be proven at trial;
B. Pre-judgment and post-judgment interest as allowed by law;
C. Costs incurred herein, including reasonable attorney fees where
recoverable under contract or statute;
D. All other relief the Court deems just and proper.

X. DEMAND FOR JURY TRIAL

19. Plaintiff demands a trial by jury on all issues so triable as a
    matter of right under Article I, § 10 of the Utah Constitution and
    Utah Rule of Civil Procedure 38. Plaintiff will pay the statutory
    jury fee and serve and file this demand as Rule 38 requires.

XI. VERIFICATION

I declare under criminal penalty under the law of Utah that the foregoing is true and correct.

Signed on the [____] day of [____________], [____], at [CITY OR OTHER LOCATION, STATE OR COUNTRY].

Printed name: [PLAINTIFF NAME]
Signature: [________________________________]

XII. SIGNATURE

DATED: _____________ Respectfully submitted,

_______________________________
[ATTORNEY NAME] (Bar No. ______)
[FIRM NAME]
[ADDRESS]
[EMAIL]
[PHONE]
Attorney for Plaintiff