STATE OF WISCONSIN
CIRCUIT COURT – [COUNTY] COUNTY
[BRANCH ___]
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
Case No.: ___
Code No.: 30101 (Personal Injury – Premises Liability)
COMPLAINT
(Jury Trial Demanded)
[// GUIDANCE: Replace all bracketed text with case-specific information before filing.]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- Factual Allegations
- Cause of Action – Premises Liability (Negligence/Safe-Place)
- Damages
- Comparative Fault Allegations
- Jury Demand
- Prayer for Relief
- Reservation of Rights
- Verification & Signature Block
1. PARTIES, JURISDICTION, AND VENUE
-
Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual resident of the State of Wisconsin, residing at [ADDRESS].
-
Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual/etc.] with its principal place of business at [ADDRESS] and, at all times material, owned, leased, operated, managed, and/or controlled the premises commonly known as [PREMISES ADDRESS] (the “Premises”).
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This Court has subject-matter jurisdiction because the amount in controversy exceeds the statutory minimum for civil actions in Wisconsin state court.
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Venue in this County is proper because the cause of action arose in [COUNTY] County and/or Defendant resides or does substantial business therein.
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All conditions precedent to the maintenance of this action, including any applicable statutory notices, have been satisfied or have been waived/are inapplicable.
2. FACTUAL ALLEGATIONS
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On or about [DATE] at approximately [TIME], Plaintiff lawfully entered the Premises as a [invitee/licensee].
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While traversing [describe specific location, e.g., “the northeast entrance ramp”], Plaintiff slipped and fell due to [describe hazardous condition, e.g., “an accumulation of clear liquid on the tile floor”] (the “Hazard”).
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The Hazard constituted an unsafe, unreasonably dangerous, and/or inadequately maintained condition in violation of the duties imposed on property owners and operators under Wisconsin premises-liability law, including the statutory “safe-place” duty owed to frequenter/invitee class entrants.
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At all relevant times, Defendant knew or, in the exercise of ordinary care, should have known of the Hazard and had sufficient time to remedy or warn of it but failed to do so.
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Plaintiff neither created nor contributed to the Hazard and had no reasonable opportunity to detect it before the incident.
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As a direct and proximate result of Defendant’s acts and omissions, Plaintiff sustained serious bodily injuries, has incurred and will continue to incur medical expenses, has suffered lost wages/earning capacity, physical pain, mental anguish, loss of enjoyment of life, and other damages as set forth below.
3. CAUSE OF ACTION – PREMISES LIABILITY (NEGLIGENCE / SAFE-PLACE)
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Plaintiff realleges and incorporates Paragraphs 1–11 as though fully set forth herein.
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Defendant owed Plaintiff the following duties, among others:
a. To maintain the Premises in a reasonably safe condition;
b. To inspect the Premises for hazardous conditions;
c. To warn lawful entrants of latent or concealed dangers; and
d. To comply with Wisconsin’s statutory “safe-place” obligations applicable to owners/employers. -
Defendant breached the foregoing duties by, inter alia:
a. Failing to remove, remediate, or adequately warn of the Hazard;
b. Failing to implement reasonable inspection and maintenance protocols; and
c. Violating applicable building, safety, and/or health regulations. -
Defendant’s breach was a substantial factor in producing Plaintiff’s injuries and damages.
4. DAMAGES
-
Plaintiff seeks all compensatory damages allowed by Wisconsin law, including but not limited to:
a. Past and future medical expenses;
b. Past and future lost wages and diminished earning capacity;
c. Past and future pain, suffering, disability, and emotional distress;
d. Loss of enjoyment of life;
e. Property damage (if any);
f. Pre-judgment interest, taxable costs, and statutory disbursements. -
To the extent available under Wisconsin law, Plaintiff further seeks punitive and/or exemplary damages for Defendant’s reckless indifference and conscious disregard of the safety of lawful entrants.
[// GUIDANCE: Insert a dollar amount if required by local court rule; otherwise allege “in an amount to be determined by the trier of fact, but believed to exceed $10,000.”]
5. COMPARATIVE FAULT ALLEGATIONS
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Plaintiff’s conduct did not contribute to the incident. However, pursuant to Wisconsin’s comparative fault statute, any allegation that Plaintiff’s negligence exceeded that of Defendant must be affirmatively proven by Defendant.
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Plaintiff expressly denies any contributory or comparative negligence but pleads defensively that, if any such negligence is found, it is less than 51 percent of the total causal negligence and therefore does not bar recovery.
6. JURY DEMAND
- Pursuant to Article I, Section 5 of the Wisconsin Constitution and Wis. Stat. § 805.01, Plaintiff hereby demands a trial by a jury of twelve (12) persons on all issues so triable.
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
a. An award of compensatory damages in an amount to be determined at trial;
b. An award of punitive/exemplary damages if warranted;
c. Pre- and post-judgment interest as permitted by law;
d. The costs of this action, including reasonable attorney fees where recoverable;
e. Such further legal or equitable relief, including injunctive relief compelling Defendant to remedy the hazardous condition, as the Court deems just and proper.
8. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to assert additional causes of action and to join additional parties as discovery may reveal.
9. VERIFICATION & SIGNATURE BLOCK
[// GUIDANCE: Wisconsin civil complaints need not be verified unless required by a specific statute or local rule. Include a verification only if strategic or mandatory (e.g., claims against governmental entities).]
Respectfully submitted, this ___ day of ____, 20__.
[ATTORNEY NAME]
State Bar No. ____
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff
OPTIONAL VERIFICATION
STATE OF WISCONSIN )
) ss.
[COUNTY] COUNTY )
I, [PLAINTIFF NAME], being first duly sworn on oath, state that I have read the foregoing Complaint, know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.
[PLAINTIFF NAME], Plaintiff
Subscribed and sworn to before me
this ___ day of ____, 20__.
Notary Public, State of Wisconsin
My commission expires: _____
[// GUIDANCE: 1) File the Summons & Complaint with the Clerk and properly serve Defendant within statutory deadlines. 2) Consider issuing an early preservation letter for evidence (CCTV, incident reports). 3) Calendar the three-year statute of limitations and any 120-day municipal notice period if a governmental entity is later identified.]