PREMISES LIABILITY COMPLAINT — ALABAMA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Negligence
6. Count II — Negligent Maintenance of Premises
7. Count III — Failure to Warn
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Alabama Practice Notes

CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

[________________________________],

Plaintiff,

v.

Civil Action No.: [________________________________]

[________________________________],

Defendant(s).

COMPLAINT FOR PREMISES LIABILITY

COMES NOW the Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, and for this Complaint against Defendant(s), [________________________________] ("Defendant"), states and alleges as follows:

PARTIES

1. Plaintiff [________________________________] is an individual residing at [________________________________], [________________________________] County, Alabama.

2. Defendant [________________________________] is [an individual/a corporation/a limited liability company/a partnership] [organized under the laws of [________________________________]] with [a principal place of business/residence] at [________________________________], Alabama.

3. At all times relevant hereto, Defendant was the [owner/operator/lessee/manager] of the premises located at [________________________________], Alabama (the "Premises").

JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this action pursuant to the Alabama Constitution, Article VI, § 142, and Ala. Code § 12-11-30, as this matter involves claims for damages in excess of the jurisdictional minimum.

5. Venue is proper in [________________________________] County pursuant to Ala. Code § 6-3-2 and § 6-3-7, because [the injury occurred in this county / the Defendant resides in this county / the Defendant has a place of business in this county].

FACTUAL ALLEGATIONS

The Premises and Plaintiff's Status

6. At all times relevant, Defendant [owned/operated/controlled/maintained] the Premises located at [________________________________], Alabama.

7. The Premises were used as [a retail store/restaurant/office building/apartment complex/parking lot/other: ________________________________].

8. On or about [__/__/____], Plaintiff entered the Premises as [an invitee/a licensee] for the purpose of [________________________________].

The Dangerous Condition

9. At the time of Plaintiff's entry, a dangerous condition existed on the Premises, specifically: [________________________________].

10. The dangerous condition was caused by [________________________________] and had existed for [________________________________] prior to Plaintiff's injury.

Notice to Defendant

11. Defendant had actual notice of the dangerous condition in that [________________________________].

12. In the alternative, Defendant had constructive notice of the dangerous condition because the condition existed for a sufficient length of time that Defendant, in the exercise of reasonable care, should have discovered and remedied it.

13. Despite knowledge or constructive knowledge of the dangerous condition, Defendant failed to correct, repair, or warn Plaintiff of the hazard.

The Incident

14. On or about [__/__/____], at approximately [____] [a.m./p.m.], Plaintiff [slipped/tripped/fell/was struck by/other: ________________________________] due to the dangerous condition described above.

15. As a direct and proximate result of the incident, Plaintiff suffered injuries including but not limited to [________________________________].

COUNT I — NEGLIGENCE

16. Plaintiff incorporates by reference the allegations of all preceding paragraphs.

17. As the [owner/operator/possessor] of the Premises, Defendant owed Plaintiff, as [an invitee/a licensee], a duty to:

• ☐ Maintain the Premises in a reasonably safe condition;
• ☐ Inspect the Premises to discover latent dangerous conditions;
• ☐ Warn Plaintiff of known dangers not obvious to the visitor;
• ☐ Take reasonable steps to protect Plaintiff from foreseeable harm.

18. Defendant breached this duty by [________________________________].

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

20. But for Defendant's negligence, Plaintiff would not have been injured.

COUNT II — NEGLIGENT MAINTENANCE OF PREMISES

21. Plaintiff incorporates by reference the allegations of all preceding paragraphs.

22. Defendant had a duty to maintain the Premises in a safe and reasonable condition, including but not limited to:

• ☐ Conducting regular inspections of the Premises;
• ☐ Repairing known hazards in a timely manner;
• ☐ Implementing adequate safety procedures and protocols;
• ☐ Complying with all applicable building codes and safety regulations.

23. Defendant negligently failed to maintain the Premises by [________________________________].

24. Defendant's negligent maintenance was a direct and proximate cause of the dangerous condition that caused Plaintiff's injuries.

COUNT III — FAILURE TO WARN

25. Plaintiff incorporates by reference the allegations of all preceding paragraphs.

26. Defendant knew or should have known of the dangerous condition on the Premises.

27. The dangerous condition was not open and obvious to Plaintiff.

28. Defendant failed to provide adequate warning of the dangerous condition by failing to:

• ☐ Post warning signs or notices;
• ☐ Erect barriers or safety devices;
• ☐ Verbally warn Plaintiff of the hazard;
• ☐ Take other reasonable steps to alert visitors of the danger.

29. Defendant's failure to warn was a direct and proximate cause of Plaintiff's injuries and damages.

DAMAGES

30. As a direct and proximate result of Defendant's negligence, Plaintiff has suffered and continues to suffer the following damages:

a. Medical Expenses: Past and future medical bills in the amount of $[________________________________], including but not limited to hospitalization, surgery, physical therapy, medication, and diagnostic testing;

b. Lost Wages and Earning Capacity: Past and future lost wages and diminished earning capacity in the amount of $[________________________________];

c. Pain and Suffering: Physical pain and suffering, both past and future;

d. Mental Anguish: Emotional distress, anxiety, and mental anguish;

e. Loss of Enjoyment of Life: Diminished quality of life and inability to perform daily activities;

f. Permanent Impairment: Permanent disability and/or disfigurement;

g. Other Damages: [________________________________].

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable pursuant to the Alabama Constitution and Ala. Code § 12-16-1.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant, and award:

a. Compensatory damages in an amount to be determined at trial;

b. Pre-judgment and post-judgment interest as allowed by law;

c. Costs of this action, including court costs and filing fees;

d. Attorney's fees as permitted by law;

e. Such other and further relief as this Court deems just and proper.

Respectfully submitted,

[________________________________]
Attorney for Plaintiff
[________________________________]
Alabama State Bar No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

VERIFICATION

STATE OF ALABAMA )
) ss.
COUNTY OF [____] )

I, [________________________________], being duly sworn, state that I am the Plaintiff in the above-captioned action, that I have read the foregoing Complaint, and that the factual allegations contained herein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
Plaintiff

Subscribed and sworn to before me this [____] day of [________________], [____].

[________________________________]
Notary Public
My Commission Expires: [__/__/____]

ALABAMA PRACTICE NOTES

Contributory Negligence (CRITICAL)

Alabama is one of the few states that retains pure contributory negligence. If the plaintiff is found to bear any degree of fault, recovery is completely barred. This makes careful investigation and documentation of the defendant's sole fault essential.

Duty of Care Framework

Alabama applies the traditional invitee/licensee/trespasser trichotomy:
- Invitee: Owed the highest duty — reasonable care to maintain safe premises and warn of known or discoverable hazards.
- Licensee: Owed a duty to warn of known hidden dangers only.
- Trespasser: Generally owed only a duty to refrain from willful or wanton conduct; however, Ala. Code § 6-5-345 modifies duties in some circumstances.

Open and Obvious Doctrine

Alabama landowners generally have no duty to warn of or eliminate hazards that are open and obvious to a reasonable person. This is a significant defense consideration.

Government Property Claims

• Municipal claims: Ala. Code § 11-47-23 requires a written verified claim to be filed with the municipal clerk within two years.
• State claims: Ala. Code § 41-9-65 requires filing with the Board of Adjustment within one year.

Damages Caps

Alabama has no general statutory cap on compensatory or non-economic damages in ordinary premises liability cases. Punitive damages are subject to statutory limits under Ala. Code § 6-11-21.

Statute of Limitations

Two (2) years from the date of injury (Ala. Code § 6-2-38).

This template is provided by ezel.ai for informational purposes only and does not constitute legal advice. Laws change frequently; always verify current statutes and consult with a licensed Alabama attorney before filing.