Personal Injury Complaint - Slip and Fall - Virginia

IN THE CIRCUIT COURT FOR THE ☐ CITY / ☐ COUNTY OF [___], COMMONWEALTH OF VIRGINIA

COMPLAINT FOR PERSONAL INJURIES (SLIP-AND-FALL)

TABLE OF CONTENTS

1. Parties ..................................................................................... ¶ 1–2
2. Jurisdiction and Venue ............................................................. ¶ 3–6
3. Factual Allegations Common to All Counts ............................... ¶ 7–20
4. Count I – Negligence (Premises Liability) ................................ ¶ 21–28
5. Count II – Negligent Failure to Warn (Alternative) .................... ¶ 29–35
6. Count III – Gross Negligence / Willful & Wanton Conduct (Optional) ............. ¶ 36–41
7. Damages ........................................................................... ¶ 42–46
8. Prayer for Relief ...........................................................................
9. Jury Demand .............................................................................
10. Certification & Signature Block .....................................................

PARTIES

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual resident of [CITY/COUNTY], Commonwealth of Virginia, and was lawfully on Defendant’s premises on or about [DATE].

2. Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual/municipality] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and transacts business in [CITY/COUNTY], Virginia.

JURISDICTION AND VENUE

3. This Circuit Court has original and general civil jurisdiction under Va. Code Ann. § 17.1-513. Plaintiff seeks more than $4,500, so § 16.1-77(1) does not place the action within the exclusive original jurisdiction of the General District Court. If the claim does not exceed $50,000, the two courts have concurrent jurisdiction and counsel must confirm that Circuit Court is the selected forum.

4. Personal jurisdiction is proper because Defendant regularly conducts, and at all relevant times conducted, business in Virginia and committed the tortious acts complained of herein within this Commonwealth.

5. Venue is proper in this Court under Va. Code Ann. § 8.01-262(1) & (4) because the cause of action arose in, and Defendant resides or has its principal place of business in, this [city/county].

6. To the extent Defendant is a county, city, or town subject to Va. Code Ann. § 15.2-209, Plaintiff provided timely written notice of the claim within six (6) months of the incident.

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

7. On [DATE], Plaintiff lawfully entered Defendant’s premises located at [ADDRESS / STORE NAME] as an [invitee/business guest].

8. While traversing the [specific location – e.g., “front entrance vestibule”], Plaintiff slipped and fell due to the presence of [describe hazardous condition – e.g., “an accumulation of water and detergent on the tile floor”] (the “Hazard”).

9. The Hazard was unmarked, unapparent, and constituted an unreasonable danger to patrons using ordinary care.

10. Defendant, by and through its agents, servants, and/or employees, created the Hazard and/or had actual or constructive notice of the Hazard in sufficient time to have remedied or warned of it.

11. Defendant failed to post warning signs, cordon off the area, or otherwise make the premises safe.

12. Plaintiff was not familiar with the presence of the Hazard and had no reasonable opportunity to discover it prior to slipping.

13. Plaintiff at all relevant times exercised ordinary care for his/her own safety and was free of contributory negligence.

14. As a direct and proximate result of the fall, Plaintiff sustained serious bodily injuries including, but not limited to, [LIST MEDICAL DIAGNOSES], incurred medical expenses, experienced pain and suffering, lost wages, and will continue to incur such losses in the future.

15.–20. [RESERVED for additional factual details: surveillance video, witness statements, maintenance logs, etc.]

COUNT I – NEGLIGENCE (PREMISES LIABILITY)

21. Plaintiff incorporates by reference ¶¶ 1-20 as though fully set forth herein.

22. Defendant owed Plaintiff, an invitee, the duty to use ordinary care to maintain the premises in a reasonably safe condition, to correct dangerous conditions, and to warn of hazards not immediately apparent.

23. Defendant breached said duty by, inter alia:
    a. Failing to maintain the floor in a reasonably safe condition;
    b. Failing to conduct reasonable inspections; and
    c. Failing to warn of or remove the Hazard.

24. Defendant’s breaches were the direct and proximate cause of Plaintiff’s injuries and damages.

25.–27. [OPTIONAL: Expand with staff training failures, prior similar incidents, etc.]

28. Plaintiff seeks the compensatory damages stated in the prayer for relief.

COUNT II – NEGLIGENT FAILURE TO WARN (ALTERNATIVE THEORY)

29. Plaintiff realleges ¶¶ 1-28.

30. Defendant knew or should have known of the Hazard and that it presented an unreasonable risk to invitees.

31. Defendant failed to provide adequate and timely warning, such as placing caution signs or barricades.

32. Such failure constitutes negligence independent of the duty to maintain the premises.

33.–34. [RESERVED]

35. Plaintiff is entitled to compensatory damages as set forth herein.

COUNT III – WILLFUL & WANTON CONDUCT (OPTIONAL)

36. Plaintiff re-pleads ¶¶ 1-35.

37. Defendant knew, or should have known from [SPECIFIC FACTS], that [DESCRIBE CONDUCT] would probably injure Plaintiff, yet continued in conscious disregard of that danger. Plaintiff alleges willful and wanton negligence; gross negligence alone remains subject to contributory negligence. See Virginia Model Jury Instruction 6.055; Alfonso v. Robinson, 257 Va. 540 (1999); Clancy v. Pearman, Record No. 0383-25-2, slip op. at 7–8 (Va. Ct. App. Apr. 21, 2026).

38. As a result, Plaintiff is entitled to punitive damages under Virginia common law for willful and wanton conduct, subject to the statutory cap of $350,000 pursuant to Va. Code Ann. § 8.01-38.1.

39.–40. [RESERVED: Additional allegations demonstrating reckless indifference.]

41. If this count is pleaded, Plaintiff seeks the punitive damages stated in the prayer for relief, subject to the statutory limit.

DAMAGES

42. As a direct and proximate result of Defendant’s negligence, Plaintiff has suffered:
    a. Past and future medical expenses;
    b. Past and future physical pain and mental anguish;
    c. Lost wages and diminished earning capacity;
    d. Permanent impairment and disfigurement;
    e. Incidental expenses; and
    f. Any other damages allowed by law.

43. Plaintiff seeks compensatory damages in the amount stated in the prayer for relief.

44. Plaintiff further seeks pre- and post-judgment interest as allowed by law.

45. Plaintiff seeks costs taxable under Virginia law.

46. In the event the factfinder determines Defendant’s conduct was willful and wanton, punitive damages are warranted as alleged in Count III.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:
A. Enter judgment against Defendant on all counts;
B. Award compensatory damages of $[COMPENSATORY DAMAGES AMOUNT];
C. If Count III is pleaded, award punitive damages of $[PUNITIVE DAMAGES AMOUNT, NOT MORE THAN $350,000];
D. Award pre- and post-judgment interest;
E. Award costs taxable under Virginia law; and
F. Grant such other and further relief as the Court deems just and proper.

Total damages sought: $[TOTAL DAMAGES AMOUNT]. Complete this amount as the sum of the compensatory demand and any punitive demand before filing.

JURY DEMAND

Plaintiff demands trial by jury on all issues so triable as a matter of right under Article I, § 11 of the Constitution of Virginia and Va. Sup. Ct. R. 3:21.

CERTIFICATION & SIGNATURE BLOCK

[ATTORNEY SIGNATURE]
Respectfully submitted,

____________________________________
[ATTORNEY NAME] (VSB No. ______)
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

Dated: ________________

VERIFICATION (If Required)

I, [PLAINTIFF NAME], having reviewed the foregoing Complaint, state under oath that the facts contained therein are true and correct to the best of my knowledge, information, and belief.

____________________________________
[PLAINTIFF NAME]

Subscribed and sworn before me on this ___ day of __________, 20__, by [PLAINTIFF NAME].

____________________________________
Notary Public
My commission expires: __________

Circuit Court filing: Complete and file the current official Form CC-1416 with this Complaint. Follow the court instructions for the filing party’s portion.