Personal Injury Complaint - Slip and Fall - Wyoming

COMPLAINT AND JURY DEMAND

Personal Injury - Premises Liability (Slip and Fall)

State of Wyoming

IN THE DISTRICT COURT OF THE [___] JUDICIAL DISTRICT

IN AND FOR [___] COUNTY, STATE OF WYOMING

TABLE OF CONTENTS

1. Preliminary Statement
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I – Negligence (Premises Liability – Slip and Fall)
6. Damages
7. Comparative Fault & Reservation of Rights
8. Prayer for Relief
9. Demand for Jury Trial
10. Verification

1. PRELIMINARY STATEMENT

1. This personal-injury action arises from a slip-and-fall incident that occurred on or about [DATE OF INCIDENT] at [PREMISES ADDRESS / DESCRIPTION] in [___] County, Wyoming.
2. Plaintiff seeks monetary damages proximately caused by Defendant's breach of its duty to exercise reasonable care to keep its premises reasonably safe for lawful entrants, as required under Wyoming premises-liability law.

2. PARTIES

3. Plaintiff [PLAINTIFF NAME] is an individual resident of [COUNTY, STATE] and was lawfully present on Defendant's premises at all times relevant.
4. Defendant [DEFENDANT NAME] is a [ENTITY TYPE & STATE OF ORGANIZATION] authorized to conduct business in Wyoming, with its principal place of business at [ADDRESS].
   a. Defendant may be served through its registered agent: [AGENT NAME & ADDRESS].

3. JURISDICTION AND VENUE

5. Subject-matter jurisdiction is alleged under Wyo. Const. art. 5, § 10 after confirming that no law vests exclusive jurisdiction over the selected claim in another court. Wyo. Stat. § 5-3-101 only enumerates judicial districts and is not an original-jurisdiction grant. The claim-specific basis and supporting facts are: [________________________________].
6. Venue is proper in this County pursuant to Wyo. Stat. Ann. § 1-5-109 because the cause of action arose in this County and/or Defendant resides or may be summoned in this County.
7. The amount in controversy exceeds the minimum jurisdictional limit of this Court.

4. FACTUAL ALLEGATIONS

8. On [DATE OF INCIDENT], Plaintiff entered Defendant's premises for the purpose of [PURPOSE, e.g., shopping].
9. While traversing [LOCATION WITHIN PREMISES, e.g., the main aisle near the produce section], Plaintiff encountered [DESCRIBE HAZARDOUS CONDITION, e.g., a pool of clear liquid] (the "Hazard").
10. The Hazard was not open or obvious and was not marked by warning cones, signage, or barriers.

11. Defendant, acting through its employees and agents, knew or should have known of the Hazard because:
    a. The Hazard existed for a sufficient time that Defendant, in the exercise of reasonable care, should have discovered and remedied it; and/or
    b. Defendant caused or affirmatively created the Hazard.

12. Plaintiff slipped on the Hazard, fell violently to the floor, and suffered [DESCRIBE INJURIES, e.g., a comminuted fracture of the right ankle].

13. As a direct and proximate result, Plaintiff incurred medical expenses, lost wages, pain and suffering, emotional distress, loss of enjoyment of life, and other damages to be proven at trial.

5. COUNT I – NEGLIGENCE (PREMISES LIABILITY – SLIP AND FALL)

14. Plaintiff incorporates paragraphs 1 through 13 as though fully set forth herein.
15. Under Wyoming law, the common-law classifications of invitee, licensee, and trespasser no longer control the scope of a landowner's or occupier's duty to non-trespassing entrants; instead, Defendant owed Plaintiff a unified duty of reasonable care under the circumstances. See Clarke v. Beckwith, 858 P.2d 293 (Wyo. 1993) (abandoning the common-law licensee/invitee distinction in favor of an ordinary reasonable-care standard). Defendant's duty of reasonable care included the duty to inspect, maintain, and keep its premises free from dangerous conditions and to warn of hazards it knew or reasonably should have known existed.

16. Defendant breached that duty by:
    a. Failing to inspect and maintain the premises in a reasonably safe condition;
    b. Failing to clean, remove, or repair the Hazard;
    c. Failing to provide adequate warnings; and
    d. Otherwise acting and/or omitting to act in a manner constituting negligence.

17. Defendant's breach was the direct and proximate cause of Plaintiff's injuries and damages.

6. DAMAGES

18. Pursuant to W.R.C.P. 8(a), Plaintiff seeks damages in an amount to be determined by the jury, but in excess of ["$50,000" or other jurisdictional statement].

19. Categories of recoverable damages include, without limitation:
    a. Past and future medical expenses;
    b. Past and future lost earnings and earning capacity;
    c. Past and future physical pain and mental suffering;
    d. Permanent impairment and loss of enjoyment of life; and
    e. Pre- and post-judgment interest as allowed by law.

20. Wyoming does not impose a general statutory cap on economic or noneconomic damages in premises-liability personal injury cases.

7. COMPARATIVE FAULT & RESERVATION OF RIGHTS

21. Wyoming follows modified comparative fault, Wyo. Stat. Ann. § 1-1-109(b), whereby contributory fault does not bar Plaintiff's recovery unless Plaintiff's fault exceeds fifty percent (50%) of the total fault of all actors; any damages allowed are diminished in proportion to Plaintiff's fault, if any.
22. Under Wyo. Stat. Ann. § 1-1-109(e), Wyoming imposes several (not joint and several) liability: each defendant is liable only to the extent of that defendant's proportionate share of the total fault, absent an applicable exception.
23. Plaintiff denies any comparative fault but pleads compliance with § 1-1-109(b) and reserves the right to amend this Complaint to address affirmative defenses raised by Defendant.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff's favor and against Defendant as follows:
a. Compensatory damages in an amount to be determined at trial;
b. Costs of suit herein incurred pursuant to W.R.C.P. 54(d);
c. Pre- and post-judgment interest at the maximum rate allowed by law;
d. Such other and further relief as the Court deems just and proper.

9. DEMAND FOR JURY TRIAL

Pursuant to Wyo. Const. art. 1, § 9 and W.R.C.P. 38(b), Plaintiff hereby demands a trial by jury on all issues so triable.

10. VERIFICATION

I, [PLAINTIFF NAME], being duly sworn, verify under penalty of perjury that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

Date: [___]

_____________________________________________
[PLAINTIFF NAME]

RESPECTFULLY SUBMITTED,

[LAW FIRM NAME]
Address: [___]
Phone: [___]
Email: [___]

By: _____________________________________________
[ATTORNEY NAME], Wyo. Bar No. [___]
Attorney for Plaintiff

This template is provided for informational and educational purposes only. It does not constitute legal advice. Wyoming premises-liability and procedural law is subject to legislative amendment and judicial interpretation. Verify current statutory text, court rules, and case law before filing. Use of this template does not create an attorney-client relationship.