Personal Injury Complaint - Slip and Fall - Wisconsin

STATE OF WISCONSIN

CIRCUIT COURT – [COUNTY] COUNTY

[BRANCH ___]

Case No.: _______________
Code No.: 30101 (Personal Injury – Premises Liability)

COMPLAINT
(Jury Trial Demanded)

TABLE OF CONTENTS

1. Parties, Jurisdiction, and Venue
2. Factual Allegations
3. Cause of Action – Premises Liability (Negligence/Safe-Place)
4. Damages
5. Comparative Fault Allegations
6. Jury Demand
7. Prayer for Relief
8. Reservation of Rights
9. Verification & Signature Block

1. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual resident of the State of Wisconsin, residing at [ADDRESS].

2. 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”).

3. This Court has subject-matter jurisdiction over this civil action under Wis. Stat. § 753.03.

4. Venue in this County is proper because the cause of action arose in [COUNTY] County and/or Defendant resides or does substantial business therein.

5. 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

6. On or about [DATE] at approximately [TIME], Plaintiff lawfully entered the Premises.

7. 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”).

8. The Hazard constituted an unsafe and unreasonably dangerous condition on the Premises. Defendant, as owner/operator of the Premises, owed Plaintiff a duty of ordinary care under the circumstances, consistent with Wisconsin's unified premises-liability standard set forth in Antoniewicz v. Reszczynski, 70 Wis. 2d 836, 236 N.W.2d 1 (1975) (abolishing the common-law distinction between the duty owed to invitees and licensees).

9. In the alternative, and only to the extent the Premises constitutes a "place of employment" or "public building" within the meaning of Wis. Stat. § 101.01, Defendant additionally owed Plaintiff, as a "frequenter" under Wis. Stat. § 101.01(5), the heightened statutory duty under Wisconsin's Safe Place Statute, Wis. Stat. § 101.11, to construct, repair, and maintain the Premises so as to render them as safe as their nature reasonably permits. See Correa v. Woodman's Food Market, Inc., 2020 WI 43.

10. 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.

11. Plaintiff neither created nor contributed to the Hazard and had no reasonable opportunity to detect it before the incident.

12. 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)

13. Plaintiff realleges and incorporates Paragraphs 1–12 as though fully set forth herein.

14. Defendant owed Plaintiff the following duties, among others:
    a. To exercise ordinary care under the circumstances to maintain the Premises in a reasonably safe condition, per Antoniewicz v. Reszczynski, 70 Wis. 2d 836, 236 N.W.2d 1 (1975);
    b. To inspect the Premises for hazardous conditions;
    c. To warn lawful entrants of latent or concealed dangers; and
    d. To the extent applicable (see ¶ 9 above), to comply with Wisconsin's statutory Safe Place obligations under Wis. Stat. § 101.11.

15. 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.

16. Defendant’s breach was a substantial factor in producing Plaintiff’s injuries and damages.

4. DAMAGES

17. 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.

18. 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.

5. COMPARATIVE FAULT ALLEGATIONS

19. 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.

20. Plaintiff expressly denies any contributory or comparative negligence but pleads defensively that, if any such negligence is found, it was not greater than the negligence of each person against whom recovery is sought. Under Wis. Stat. § 895.045(1), Plaintiff's negligence is measured separately against each person found causally negligent.

6. JURY DEMAND

21. 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

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: ___________