Personal Injury Complaint - Slip and Fall - Vermont

IN THE VERMONT SUPERIOR COURT

[COUNTY] UNIT │ CIVIL DIVISION
Docket No. ___________________

COMPLAINT FOR PERSONAL INJURY
(Slip-and-Fall – Premises Liability)
AND DEMAND FOR TRIAL BY JURY

TABLE OF CONTENTS

1. Parties .............................................................................................. 2
2. Jurisdiction, Venue & Jury Demand ...................................... 2
3. Definitions ..................................................................................... 3
4. Factual Allegations ........................................................................ 4
5. Count I – Negligence (Premises Liability) ................................. 6
6. Comparative Fault Allegation (12 V.S.A. § 1036) ...................... 7
7. Damages ........................................................................................ 7
8. Prayer for Relief ............................................................................ 8
9. Reservation of Rights & Amendment ...................................... 9
10. Verification, Signature & Certifications ................................ 9

1. PARTIES

1.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME], an individual residing at [PLAINTIFF ADDRESS] (“Plaintiff”).

1.2 Defendant. [DEFENDANT FULL LEGAL NAME], a [TYPE OF ENTITY OR INDIVIDUAL] with a principal place of business/residence at [DEFENDANT ADDRESS] (“Defendant”).

1.3 Additional Parties. [IF APPLICABLE: John Doe 1-5, currently unknown persons or entities whose identities will be added upon discovery.]

2. JURISDICTION, VENUE & JURY DEMAND

2.1 Subject-Matter Jurisdiction. This Civil Division has jurisdiction over this civil action under 4 V.S.A. § 31(1).

2.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Vermont because Defendant [is domiciled in Vermont / conducts systematic and continuous business in Vermont / committed the tortious conduct in Vermont].

2.3 Venue. Venue is proper in this Unit under 12 V.S.A. § 402(a) because [Plaintiff resides in this Unit / Defendant resides in this Unit / neither party resides in Vermont].

2.4 Jury Demand. Plaintiff demands a trial by jury on all issues so triable as of right under Vt. Const. ch. I, art. 12.

3. DEFINITIONS

For purposes of this Complaint, the following capitalized terms have the meanings given below. These definitions apply throughout the pleading unless the context clearly indicates otherwise.

“Incident” means the slip-and-fall event that occurred on [DATE OF INCIDENT] at the Premises.

“Premises” means the property commonly known as [STREET ADDRESS OR KNOWN DESCRIPTION] owned, operated, or controlled by Defendant at all relevant times.

“Hazardous Condition” means the [wet floor/accumulated ice/snow/debris/uneven surface], which was unreasonably dangerous, not open or obvious, and not adequately warned of or remedied by Defendant.

4. FACTUAL ALLEGATIONS

4.1 On or about [DATE OF INCIDENT] at approximately [TIME], Plaintiff lawfully entered the Premises for the purpose of [BUSINESS INVITE / SOCIAL GUEST / OTHER LAWFUL PURPOSE]. Under Vermont law, Defendant owed Plaintiff a unified duty of reasonable care as a lawful entrant, without regard to any common-law distinction between "invitee" and "licensee" status. Demag v. Better Power Equip., Inc., 2014 VT 78, ¶¶ 1, 20-21 (abolishing the common-law negligence distinction between licensees and invitees in favor of a general reasonable-care standard).

4.2 At all relevant times, Defendant owned, operated, maintained, managed, and/or controlled the Premises, including the area where the Incident occurred.

4.3 A Hazardous Condition existed in the [specific location, e.g., “main entrance vestibule”] of the Premises.

4.4 The Hazardous Condition was the foreseeable result of Defendant’s failure to:
(a) inspect the Premises within reasonable intervals;
(b) remove or remediate the hazard; and
(c) warn lawful entrants, including Plaintiff, of the hazard.

4.5 Defendant had actual or constructive notice of the Hazardous Condition by virtue of [prior complaints / employee observations / duration of the condition], yet failed to act reasonably.

4.6 As Plaintiff attempted to [walk/exit/enter] the Premises, Plaintiff slipped/tripped on the Hazardous Condition, fell, and sustained serious bodily injuries, including but not limited to [LIST INJURIES].

4.7 Plaintiff’s injuries required medical treatment, resulting in past and future medical expenses, lost wages, diminished earning capacity, pain and suffering, and loss of enjoyment of life.

4.8 Plaintiff complied with all applicable notice requirements, including any mandated by insurance policies, lease provisions, or municipal ordinances.

5. COUNT I – NEGLIGENCE (PREMISES LIABILITY)

5.1 Plaintiff realleges and incorporates ¶¶ 1.1–4.8 as though fully set forth herein.

5.2 Duty. Under Vermont's unified premises-liability standard, which abolished the common-law distinction between invitees and licensees, Defendant owed Plaintiff, a lawful entrant, a duty of reasonable care to keep the Premises in a reasonably safe condition, inspect for hazards, remedy hazards within a reasonable time, and warn of any latent dangers. Demag v. Better Power Equip., Inc., 2014 VT 78, ¶ 20.

5.3 Breach. Defendant breached that duty by:

(a) Allowing the Hazardous Condition to remain;
(b) Failing to provide adequate warning (signage, barricades, etc.); and
(c) Failing to establish or follow reasonable inspection and maintenance protocols.

5.4 Causation. Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries.

5.5 Damages. Plaintiff suffered the damages described in Section 7 below.

6. COMPARATIVE FAULT ALLEGATION

(12 V.S.A. § 1036)

6.1 Plaintiff asserts that any negligence attributable to Plaintiff is not greater than the combined causal negligence of the Defendant or Defendants, such that Plaintiff’s recovery is not barred under 12 V.S.A. § 1036(a).

6.2 To the extent Defendant claims comparative negligence, Plaintiff denies such allegations and demands strict proof.

7. DAMAGES

7.1 Economic Damages
(a) Past medical expenses: $[___]
(b) Future medical expenses: $[___]
(c) Past lost wages: $[___]
(d) Future loss of earning capacity: $[___]

7.2 Non-Economic Damages
(a) Pain and suffering—past and future
(b) Emotional distress
(c) Loss of enjoyment of life

7.3 Pre- and post-judgment interest as allowed by law.

7.4 Costs as provided under V.R.C.P. 54(d).

8. PRAYER FOR RELIEF

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

A. Compensatory damages in an amount sufficient to fully and fairly compensate Plaintiff;
B. Prejudgment and postjudgment interest to the extent allowed by applicable Vermont law;
C. Costs and allowable expenses;
D. Such further relief as the Court deems just and equitable.

9. RESERVATION OF RIGHTS & AMENDMENT

Plaintiff reserves the right to amend this Complaint to add additional causes of action, parties, or damages as discovery may reveal, pursuant to V.R.C.P. 15.

10. VERIFICATION, SIGNATURE & CERTIFICATIONS

I, [PLAINTIFF NAME], being duly sworn, depose and state that the foregoing Complaint is true and accurate to the best of my knowledge, information, and belief.

_________________________________
[PLAINTIFF NAME], Plaintiff

Date: ___________________

Respectfully submitted,

_________________________________
[ATTORNEY NAME], Esq.
[VT BAR # __________]
[FIRM NAME]
[ADDRESS]
[TELEPHONE] │ [EMAIL]
Counsel for Plaintiff

Date: ___________________

Initial Service of Process

Arrange service of the summons and this Complaint together on each Defendant under V.R.C.P. 4, using the authorized method applicable to that Defendant. Document completed service separately. The plaintiff, whether represented or self-represented, must also serve a blank Answer and blank Notice of Appearance for Self-Represented Litigant with the summons and complaint.