Personal Injury Complaint - Slip and Fall - Washington

Before you use this: If the defendant is a Washington state or local public entity, or its officer, employee, or volunteer acting in that capacity, check the tort-claim presentment rules before filing. Present a local claim to the designated agent under RCW 4.96.020 or a state claim to the Office of Risk Management under RCW 4.92.100; where those rules apply, wait 60 calendar days after presentment before filing (RCW 4.96.020(4), 4.92.110).

SUPERIOR COURT OF THE STATE OF WASHINGTON

FOR [COUNTY] COUNTY

TABLE OF CONTENTS

1. Parties ............................................................................................. 2
2. Jurisdiction and Venue .................................................................... 2
3. General Allegations ......................................................................... 3
4. First Cause of Action — Negligence (Premises Liability) ........................ 4
5. Damages .......................................................................................... 5
6. Prayer for Relief .............................................................................. 6
7. Demand for Jury Trial ...................................................................... 6
8. Reservation of Additional Claims ...................................................... 6
9. Verification (Optional) ...................................................................... 7
10. 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, Plaintiff was an invitee on the Premises, and Defendant held, or owed, a duty commensurate with that status to maintain the Premises in a reasonably safe condition, as more fully alleged below.

2. JURISDICTION AND VENUE

2.1   Jurisdiction is proper under RCW 2.08.010 because this action arises under the common law of the State of Washington.

2.2   Venue is proper under RCW 4.12.020(3) because [the cause arose in this County / an individual Defendant resides here]. For a corporation Defendant, state the applicable RCW 4.12.025 residence or tort-county facts: [________________].

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   As an invitee, Defendant owed Plaintiff the duty owed to a business invitee: to exercise reasonable care to inspect the Premises for dangerous conditions, and to remedy or warn of any such condition that Defendant knew or, in the exercise of reasonable care, should have known existed. Washington retains the common-law invitee/licensee/trespasser classifications for premises liability, and the applicable duty depends on Plaintiff’s status; see Younce v. Ferguson, 106 Wn.2d 658, 662-63, 724 P.2d 991 (1986), and McKown v. Simon Property Group, Inc., 182 Wn.2d 752, 764-65, 344 P.3d 661 (2015). Counsel must plead the duty corresponding to Plaintiff’s actual entrant status.

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 [six / 12] jurors on all triable issues pursuant to CR 38(b) and Washington Constitution art. I, § 21. This written demand must be filed with the clerk and served on the other parties at or before the trial-setting deadline, and the jury fee must be paid when demanded: $125 for six jurors or $250 for 12 jurors under RCW 36.18.016(3)(a). Failure to serve and file the demand and pay the fee waives the jury right under CR 38(d).

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: ____________

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