IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA
Civil Action No.: _
Judge: _
COMPLAINT
( Premises Liability – Slip and Fall )
[// GUIDANCE: Tailor factual allegations, party descriptions, and prayer for relief to the circumstances of each case. Remove any bracketed text before filing. ]
TABLE OF CONTENTS
- Parties ........................................................................................................................ 2
- Jurisdiction and Venue ......................................................................................... 2
- Factual Allegations ............................................................................................... 3
- Causes of Action
• Count I – Negligence .................................................................................... 4
• Count II – Negligent Failure to Warn / Inspect ........................................... 5 - Comparative Fault Allegation ............................................................................... 6
- Damages ................................................................................................................ 6
- Prayer for Relief ..................................................................................................... 7
- Demand for Jury Trial ........................................................................................... 8
- Certification of Counsel ........................................................................................ 8
- Verification ........................................................................................................... 9
1. PARTIES
1.1 Plaintiff. [PLAINTIFF NAME], an individual resident of [County], West Virginia, whose address is [ADDRESS] ( “Plaintiff” ).
1.2 Defendant. [DEFENDANT NAME], a [corporation/limited liability company/individual/other], organized under the laws of [State] with its principal place of business at [ADDRESS] ( “Defendant” ).
[// GUIDANCE: If more than one Defendant, enumerate each and allege any agency, joint venture, or respondeat superior relationships.]
2. JURISDICTION AND VENUE
2.1 This Court has subject-matter jurisdiction under W. Va. Code § 51-2-2 and related statutes because the amount in controversy exceeds the jurisdictional minimum and the claims arise under West Virginia premises-liability law.
2.2 Venue is proper in this Court pursuant to W. Va. Code § 56-1-1 because:
a. The cause of action arose in [County]; and/or
b. Defendant resides, has its principal office, or regularly carries on business in [County].
2.3 All conditions precedent to filing this action have been performed, waived, or otherwise satisfied, including any statutory notice requirements applicable to political subdivisions or governmental entities.
[// GUIDANCE: Insert specific notice date and method if Defendant is a governmental body subject to W. Va. Code § 29-12A-6.]
3. FACTUAL ALLEGATIONS
3.1 On [DATE] at approximately [TIME], Plaintiff lawfully entered Defendant’s premises located at [STREET ADDRESS OR DESCRIPTION] (the “Premises”) for the purpose of [STATE PURPOSE, e.g., shopping, visiting, delivering goods], making Plaintiff an [invitee/licensee] under West Virginia law.
3.2 A hazardous condition existed on the Premises, namely [describe condition—e.g., “an accumulation of water on the tile floor near the main entrance”] (the “Hazardous Condition”).
3.3 Defendant, through its employees or agents:
a. Created the Hazardous Condition; or
b. Had actual knowledge of the Hazardous Condition; or
c. Should have discovered the Hazardous Condition in the exercise of reasonable care because it existed for a sufficient period of time to be discovered.
3.4 At approximately [TIME], Plaintiff slipped and fell as a direct result of the Hazardous Condition, suffering serious bodily injuries.
3.5 No warning signs, cones, barriers, or other protective measures were present to alert Plaintiff to the danger.
3.6 Plaintiff’s injuries include, but are not limited to, [describe injuries], resulting in medical expenses, lost wages, pain and suffering, and other damages described herein.
4. CAUSES OF ACTION
COUNT I – NEGLIGENCE
4.1 Plaintiff incorporates the allegations of ¶¶ 1.1 through 3.6 as if fully restated.
4.2 Defendant owed Plaintiff a duty to exercise reasonable care to inspect, maintain, and keep the Premises in a condition that was reasonably safe for lawful visitors.
4.3 Defendant breached its duty of care by, inter alia:
a. Failing to inspect and maintain the Premises;
b. Failing to correct the Hazardous Condition; and
c. Failing to warn lawful visitors of the Hazardous Condition.
4.4 Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and damages.
COUNT II – NEGLIGENT FAILURE TO WARN / INSPECT
4.5 Plaintiff realleges ¶¶ 1.1 through 3.6.
4.6 Alternatively or in addition, Defendant negligently failed to:
a. Conduct reasonable inspections;
b. Post warnings or barriers; and
c. Implement policies and training adequate to prevent such hazards.
4.7 Defendant’s negligence in failing to warn or inspect was a proximate cause of Plaintiff’s injuries and damages.
5. COMPARATIVE FAULT ALLEGATION
5.1 Plaintiff will prove that any fault attributable to Plaintiff, if any, is less than or equal to fifty percent (50%) and therefore does not bar recovery under West Virginia’s modified comparative fault statute. See W. Va. Code § 55-7-13c (2024).
5.2 Plaintiff affirmatively pleads comparative fault to preclude any waiver by omission and demands that the trier of fact allocate fault among all responsible persons or entities as required by law.
6. DAMAGES
As a direct and proximate result of Defendant’s negligence, Plaintiff has sustained:
a. Past and future medical expenses;
b. Past and future lost wages and diminished earning capacity;
c. Past and future physical pain and suffering;
d. Past and future mental anguish and emotional distress;
e. Permanent impairment and loss of enjoyment of life;
f. Incidental and consequential damages; and
g. Such other damages as may be proven at trial.
[// GUIDANCE: Insert any statutory caps or special damage rules if applicable (e.g., medical malpractice). There is no general cap on non-economic damages for ordinary premises liability in West Virginia.]
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court:
- Enter judgment in favor of Plaintiff and against Defendant on all counts;
- Award compensatory damages in an amount to be determined by the jury, together with pre- and post-judgment interest as allowed by law;
- Award costs of this action, including reasonable attorney’s fees where permitted;
- Grant limited injunctive relief requiring Defendant to inspect, maintain, and remediate the Premises so as to prevent recurrence of similar hazards; and
- Grant such other and further relief as the Court deems just and proper.
8. DEMAND FOR JURY TRIAL
Pursuant to Rule 38 of the West Virginia Rules of Civil Procedure and Article III, § 13 of the West Virginia Constitution, Plaintiff demands a trial by jury on all issues so triable.
9. CERTIFICATION OF COUNSEL
I hereby certify that to the best of my knowledge, information, and belief formed after reasonable inquiry, this pleading is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose.
[// GUIDANCE: Adapt language to mirror Rule 11(b) of the WV Rules of Civil Procedure.]
Date: ________
Respectfully submitted,
[ATTORNEY NAME] (WV Bar # _____)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [FAX] | [EMAIL]
Counsel for Plaintiff
10. VERIFICATION
STATE OF WEST VIRGINIA
COUNTY OF ______, to wit:
I, [PLAINTIFF NAME], being duly sworn, depose and say that I have read the foregoing Complaint and know the contents thereof; that the factual allegations are true based upon my personal knowledge, except as to matters stated upon information and belief, and as to those matters I believe them to be true.
[PLAINTIFF NAME], Plaintiff
Subscribed and sworn before me this _ day of _, 20_.
Notary Public
My Commission Expires: _______
[// GUIDANCE:
1. Attach civil case information sheet or cover sheet required by the Clerk.
2. Confirm filing fee amount with the Clerk of the Circuit Court.
3. Serve the Defendant pursuant to W. Va. R. Civ. P. 4, selecting personal service, certified mail, or acceptance of service as appropriate.
4. Consider preserving video surveillance or incident reports via a contemporaneous spoliation letter. ]
END OF TEMPLATE