[COURT NAME]
[COUNTY], STATE OF WASHINGTON
In re:
[PLAINTIFF NAME], ) NO. ______
Plaintiff, )
) COMPLAINT FOR PERSONAL INJURIES
v. ) (SLIP-AND-FALL / PREMISES LIABILITY)
) JURY DEMAND
[DEFENDANT NAME], )
Defendant. )
_______ )
[// GUIDANCE: Insert the correct Superior Court (or, if appropriate, District Court) designation and county. Most premises-liability actions are filed in the Superior Court of the county where the accident occurred, per RCW 4.12.020(2).]
TABLE OF CONTENTS
- Parties ............................................................................................. 2
- Jurisdiction and Venue .................................................................... 2
- General Allegations ......................................................................... 3
- First Cause of Action — Negligence (Premises Liability) ........................ 4
- Damages .......................................................................................... 5
- Prayer for Relief .............................................................................. 6
- Demand for Jury Trial ...................................................................... 6
- Reservation of Additional Claims ...................................................... 6
- Verification (Optional) ...................................................................... 7
- Signature Block ................................................................................ 7
1. PARTIES
1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is, and at all relevant times was, a resident of the State of Washington, County of [COUNTY].
1.2 Defendant [DEFENDANT NAME] (“Defendant”) is, on information and belief, a [corporation / limited liability company / individual / partnership] doing business in the State of Washington and owning, leasing, occupying, or otherwise controlling the premises located at [PREMISES ADDRESS] (the “Premises”).
1.3 At all times material hereto, Defendant held, or owed, a non-delegable duty to maintain the Premises in a reasonably safe condition for lawful visitors, including Plaintiff.
[// GUIDANCE: If multiple defendants (e.g., property manager, commercial tenant, janitorial contractor), replicate ¶1.2 as necessary and adjust duty allegations.]
2. JURISDICTION AND VENUE
2.1 Jurisdiction is proper under RCW 2.08.010 because the amount in controversy exceeds the jurisdictional minimum of the Superior Court and the claims arise under the common law of the State of Washington.
2.2 Venue is proper in this County pursuant to RCW 4.12.020(2) in that the cause of action arose, and the injury occurred, within this County.
3. GENERAL ALLEGATIONS
3.1 On or about [DATE OF INCIDENT], Plaintiff lawfully entered the Premises for the purpose of [e.g., shopping, visiting a tenant, performing work].
3.2 While traversing [location on Premises, e.g., “the main entryway”], Plaintiff slipped and fell due to [describe hazard—liquid spill, accumulated ice, uneven flooring, etc.] (the “Hazardous Condition”).
3.3 The Hazardous Condition was not open and obvious to Plaintiff, who exercised due care for [his/her/they/their] own safety.
3.4 Prior to Plaintiff’s fall, Defendant knew or should have known of the Hazardous Condition in the exercise of reasonable care because [e.g., the condition existed for an unreasonable length of time; Defendant or its employees created the condition; prior complaints were made].
3.5 Defendant failed to:
a. Conduct reasonable inspections of the Premises;
b. Timely discover and correct the Hazardous Condition;
c. Warn invitees, including Plaintiff, of the existence of the Hazardous Condition.
3.6 As a direct and proximate result of Defendant’s acts and omissions, Plaintiff sustained serious bodily injuries including, but not limited to, [list general injuries, e.g., “fractures to the right ankle, lumbar sprain, and associated sequelae”].
4. FIRST CAUSE OF ACTION — NEGLIGENCE (PREMISES LIABILITY)
4.1 Plaintiff realleges paragraphs 1.1 through 3.6 as if fully set forth herein.
4.2 Defendant owed Plaintiff a duty of reasonable care to maintain the Premises in a condition that was reasonably safe in light of the foreseeability of harm to lawful entrants.
4.3 Defendant breached said duty by:
a. Allowing the Hazardous Condition to exist;
b. Failing to remedy or remove the Hazardous Condition within a reasonable time;
c. Failing to provide adequate warnings or barriers;
d. Failing to enact and enforce reasonable inspection and maintenance policies.
4.4 Defendant’s breach was the legal and proximate cause of Plaintiff’s injuries, damages, and losses.
4.5 Washington follows a pure comparative fault system. RCW 4.22.005. Plaintiff denies any fault; however, should comparative fault be assessed, Plaintiff’s recovery shall be reduced only by the percentage of fault, if any, attributable to Plaintiff.
5. DAMAGES
5.1 Pursuant to RCW 4.28.360, Plaintiff does not state a sum certain in this Complaint. Plaintiff seeks general and special damages in such amount as shall be proven at trial.
5.2 Plaintiff’s recoverable damages include, without limitation:
a. Past and future medical expenses;
b. Past and future wage loss and impairment of earning capacity;
c. Pain, suffering, inconvenience, disability, and loss of enjoyment of life;
d. Out-of-pocket expenses;
e. Pre-judgment interest where allowed by law;
f. Statutory costs and disbursements; and
g. Such other relief as the Court deems just and equitable.
6. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:
A. For general and special damages in amounts to be determined at trial;
B. For taxable costs and disbursements herein;
C. For pre-judgment and post-judgment interest as allowed by law;
D. For such other and further relief as the Court deems just and proper.
7. DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury on all triable issues pursuant to CR 38(b) and the Washington Constitution art. I, § 21.
8. RESERVATION OF ADDITIONAL CLAIMS
Plaintiff reserves the right to amend this Complaint to assert additional claims or parties as discovery may reveal.
9. VERIFICATION (OPTIONAL)
I, [PLAINTIFF NAME], being first duly sworn on oath, state that I have read the foregoing Complaint and believe the contents thereof to be true to the best of my knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.
[PLAINTIFF NAME]
SUBSCRIBED AND SWORN to before me this ___ day of ____, 20__, by [PLAINTIFF NAME].
Notary Public for the State of Washington
My Commission Expires: ______
[// GUIDANCE: Verification is optional under CR 11 and may strategically be omitted to avoid providing a sworn statement at the pleading stage.]
10. SIGNATURE BLOCK
DATED this ___ day of ____, 20__.
Respectfully submitted,
[ATTORNEY NAME], WSBA No. _____
[LAW FIRM NAME]
[ADDRESS]
[TELEPHONE] | [EMAIL]
Attorney for Plaintiff
END OF COMPLAINT
[// GUIDANCE:
1. Comparative Fault: Washington’s pure comparative-fault statute, RCW 4.22.005, is cited only once to establish the legal framework—avoid additional statutory clutter.
2. Damages: Under RCW 4.28.360 personal-injury pleadings must not specify dollar amounts; ensure all forms and templates comply.
3. Notice of Claim: If suing a governmental entity, a pre-suit notice under RCW 4.96.020 is mandatory. Insert an additional “Statutory Notice” section if applicable.
4. Service & Filing: Verify local scheduling orders and case assignment rules (LCRs) for the chosen county.
5. Arbitration: Washington’s mandatory arbitration (MAR) applies to claims under certain monetary thresholds (typically $100,000). Consider adding a MAR Certification if the county requires it.
6. Damage Caps: No general caps exist for private premises-liability claims in Washington; omit limitation-of-liability language unless a statutory cap applies (e.g., claims against the State).]