Personal Injury Complaint - Slip and Fall - West Virginia

PERSONAL INJURY COMPLAINT — SLIP AND FALL — WEST VIRGINIA

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA

CIVIL ACTION NO. [________]

COMPLAINT FOR DAMAGES (PREMISES INJURY)

JURY TRIAL DEMANDED

Filing note: Submit the completed Supreme Court-prescribed civil case information statement with this complaint under Rule 8(a)(3), W. Va. R. Civ. P.

Plaintiff, by counsel, alleges as follows:

1. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] resides in [COUNTY / STATE] and was a non-trespassing entrant at the premises described below.

2. Defendant [DEFENDANT NAME] is [AN INDIVIDUAL / ENTITY TYPE AND FORMATION STATE], resides or has its principal office at [ADDRESS], and at the relevant time possessed or controlled the premises. Defendant may be served at [SERVICE ADDRESS / REGISTERED AGENT].

3. This action seeks damages for personal injury caused by a fall at [PREMISES ADDRESS] in [COUNTY] County, West Virginia, on [__/__/____].

4. This Court has jurisdiction under W. Va. Const. art. VIII, § 6 and W. Va. Code § 51-2-2(b) because this tort claim exceeds $7,500, excluding interest and costs.

5. Venue is proper under W. Va. Code § 56-1-1 [SELECT SUBSECTION] because [STATE FACTS SATISFYING THAT ROUTE]. If relying on corporate business activity, apply subsection (a)(2)'s conditions and check subsection (c) for each plaintiff.

2. FACTUAL ALLEGATIONS

6. On [__/__/____] at approximately [TIME], Plaintiff entered [DESCRIBE PLACE AND LAWFUL PURPOSE] with Defendant's [PERMISSION / OTHER BASIS FOR NON-TRESPASSING ENTRY].

7. The hazard was [DESCRIBE THE SPECIFIC SUBSTANCE, DEFECT, OR CONDITION AND EXACT LOCATION]. It existed under [DESCRIBE LIGHTING, VISIBILITY, WEATHER, AND SURROUNDING CONDITIONS].

8. The hazard was [NOT OPEN, OBVIOUS, REASONABLY APPARENT, OR AS WELL KNOWN TO PLAINTIFF AS TO DEFENDANT] because [STATE CONCRETE VISIBILITY AND KNOWLEDGE FACTS]. W. Va. Code § 55-7-28(a).

9. Defendant [SELECT FACTUALLY SUPPORTED BASIS: CREATED THE CONDITION / ACTUALLY KNEW OF IT / SHOULD HAVE DISCOVERED IT THROUGH REASONABLE CARE], as shown by [STATE INSPECTION, REPORT, VIDEO, EMPLOYEE, DURATION, OR OTHER FACTS].

10. Defendant [DESCRIBE FAILURE TO INSPECT, REPAIR, CLEAN, BARRICADE, OR WARN, AS SUPPORTED BY FACTS]. Any warning or protective measure present was [DESCRIBE OR STATE NONE].

11. While using the premises in [DESCRIBE MANNER], Plaintiff encountered the hazard, slipped or tripped, and fell at [EXACT LOCATION]. [DESCRIBE MECHANISM AND WITNESSES].

12. The fall directly and proximately caused [LIST DOCUMENTED INJURIES AND EFFECTS]. Plaintiff received [DESCRIBE TREATMENT] from [PROVIDER(S)]; future care, if medically supported, is [DESCRIBE].

3. COUNT I — NEGLIGENCE

13. Plaintiff incorporates Paragraphs 1 through 12.

14. As possessor of the premises, Defendant owed Plaintiff, a non-trespassing entrant, reasonable care under the circumstances. Mallet v. Pickens, 206 W. Va. 145, 522 S.E.2d 436 (1999).

15. Defendant breached that duty by the act or omission described in Paragraphs 9 and 10. The hazard was not within the open and obvious category described in W. Va. Code § 55-7-28(a), for the reasons stated in Paragraph 8.

16. Defendant's breach directly and proximately caused the fall and Plaintiff's injuries and damages.

4. DAMAGES

17. Plaintiff seeks compensation for proven past and future medical and care expenses, lost wages and any diminished earning capacity, property damage if any, and physical pain and mental anguish. If supported by medical proof, Plaintiff also seeks damages for permanent impairment, disfigurement, and related loss of enjoyment of life as part of general damages, without duplicate recovery. Wilt v. Buracker, No. 21708 (W. Va. Dec. 13, 1993).

5. PRAYER FOR RELIEF

Plaintiff requests judgment against Defendant for:

• Compensatory damages in an amount determined at trial, exceeding this Court's jurisdictional minimum;
• Prejudgment interest on any eligible special or liquidated damages, after settlements and as determined by the Court, and postjudgment interest under W. Va. Code § 56-6-31;
• Taxable costs; and
• Other relief the Court finds just and lawful on the claims pleaded here.

6. JURY DEMAND

Plaintiff demands a jury trial on all issues triable of right by jury under Rule 38, W. Va. R. Civ. P.

7. SIGNATURE AND SERVICE ADDRESSES

Respectfully submitted on [__/__/____].

/s/ [________________________________]

[ATTORNEY NAME] (WV State Bar No. [________])

[LAW FIRM]

[ADDRESS]

Telephone: [NUMBER]

Email: [EMAIL]
Attorney for Plaintiff

Serve a summons with this complaint under Rule 4, W. Va. R. Civ. P., on Defendant at [SERVICE ADDRESS / REGISTERED AGENT]. Complete proof of service after service occurs.

8. WEST VIRGINIA PRACTICE NOTES

• Accrual and time. W. Va. Code § 55-2-12(b) generally gives two years from accrual for a personal-injury damages action if no more specific period applies; check tolling and defendant-specific deadlines.
• Open and obvious conditions. Section 55-7-28(a) removes a possessor's duty to protect against dangers that are open, obvious, reasonably apparent, or as well known to the injured person as to the possessor. Plead concrete facts supporting the claimed absence of that limitation.
• Comparative fault. W. Va. Code §§ 55-7-13a and 55-7-13c(c) reduce recovery by Plaintiff's share of fault and bar it only if that share exceeds the combined fault of all others. Liability is generally several under § 55-7-13c(a), subject to that section's exceptions. Section 55-7-13d(a)(2) governs consideration of settled or timely noticed nonparty fault.
• Filing and service. Rule 8(a)(3), W. Va. R. Civ. P., requires the civil case information statement with the complaint. Rule 4 requires service of the summons with the complaint.

9. SOURCES AND REFERENCES

• West Virginia Code, §§ 51-2-2, 55-2-12, 55-7-13a, 55-7-13c, 55-7-13d, 55-7-28, 56-1-1, and 56-6-31 — https://code.wvlegislature.gov/
• West Virginia Rules of Civil Procedure, Rules 4, 8, and 38 — https://www.courtswv.gov/legal-community/court-rules
• Mallet v. Pickens, 206 W. Va. 145, 522 S.E.2d 436 (1999) — https://www.courtswv.gov/sites/default/pubfilesmnt/2023-11/25807.pdf

Disclaimer: An attorney licensed in West Virginia must review and customize this complaint before filing.