PREMISES LIABILITY COMPLAINT — ARKANSAS

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. Arkansas Practice Notes

CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

[________________________________] DIVISION

[________________________________],

Plaintiff,

v.

Case 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, Arkansas.

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 [________________________________], Arkansas.

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

JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this action pursuant to the Arkansas Constitution, Amendment 80, § 6, and Ark. Code § 16-13-201.

5. Venue is proper in [________________________________] County pursuant to Ark. Code § 16-60-101, because [the injury occurred in this county / the Defendant resides in this county / the Defendant conducts 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 [________________________________], Arkansas.

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 hazard existed for a sufficient period of time that Defendant, in the exercise of ordinary care, should have discovered it. See Ollar v. Spakes.

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 $[________________________________];

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 Arkansas Constitution, Article 2, § 7.

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
Arkansas Bar No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

ARKANSAS PRACTICE NOTES

Duty of Care Framework

Arkansas applies the traditional invitee/licensee/trespasser trichotomy:
- Invitee: Highest duty — reasonable care to maintain safe premises, inspect for hazards, and warn of or remedy dangerous conditions (see Davis v. Safeway Stores; AMI instructions).
- Licensee: Duty to warn of known hidden hazards.
- Trespasser: Generally, only duty to refrain from willful or wanton injury.

Modified Comparative Fault (50% Bar)

Under Ark. Code § 16-64-122, Arkansas follows a modified comparative fault system. A plaintiff is barred from recovery if their fault equals or exceeds 50%. If the plaintiff's fault is less than 50%, damages are reduced proportionally.

Open and Obvious Doctrine

Arkansas applies the open and obvious defense. A landowner generally has no duty to warn of conditions that are open and obvious to a reasonable person. See Forrest City Machine Works v. Aderhold. Exceptions may apply under the distraction doctrine or where the owner should anticipate harm despite the obvious nature of the danger.

Government Property Claims

Ark. Code § 21-9-301 governs tort immunity for political subdivisions. Claims against the State are handled by the Arkansas State Claims Commission, which may require a 180-day notice period. Verify current requirements.

Damages Caps

Arkansas currently has no general statutory cap on non-economic damages in ordinary premises liability cases.

Statute of Limitations

Three (3) years from the date the cause of action accrues (Ark. Code § 16-56-105).

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 Arkansas attorney before filing.