PREMISES LIABILITY COMPLAINT — CALIFORNIA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. First Cause of Action — Negligence (Premises Liability)
6. Second Cause of Action — Negligent Maintenance of Property
7. Third Cause of Action — Failure to Warn
8. Fourth Cause of Action — Willful or Wanton Misconduct
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Verification
13. State-Specific Notes
14. Sources and References

1. CAPTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [COUNTY NAME]

2. PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY], [COUNTY] County, California.

2. Defendant [DEFENDANT FULL NAME] ("Defendant") is [an individual residing in / a corporation organized under the laws of / a limited liability company formed under the laws of] [STATE], and at all relevant times was the [owner / lessee / occupier / manager] of the real property located at [PROPERTY ADDRESS], [CITY], [COUNTY] County, California (the "Premises").

3.

4. Plaintiff is informed and believes, and on that basis alleges, that each defendant was the agent, servant, employee, partner, joint venturer, or alter ego of each other defendant and was acting within the course and scope of such relationship at all relevant times.

3. JURISDICTION AND VENUE

5. This Court has jurisdiction over this action pursuant to the California Constitution, Article VI, § 10, because the amount in controversy exceeds the jurisdictional minimum of the Superior Court.

6. Venue is proper in [COUNTY] County pursuant to Cal. Civ. Proc. Code § 395 because [the injury occurred in this county / Defendant resides in this county / the Premises are located in this county].

4. FACTUAL ALLEGATIONS

7. At all relevant times, Defendant [owned / leased / occupied / managed / controlled] the Premises located at [PROPERTY ADDRESS], [CITY], California [ZIP CODE].

8. On or about [DATE OF INCIDENT], Plaintiff was [lawfully present on / entering / exiting] the Premises for the purpose of [PURPOSE OF VISIT, e.g., shopping, visiting, conducting business, using common areas].

9. At the time of the incident, there existed on the Premises a dangerous condition, specifically: [DESCRIBE DANGEROUS CONDITION IN DETAIL, e.g., a wet floor without warning signs, a broken stairway railing, an uneven sidewalk, inadequate lighting, a defective elevator].

10. Defendant had [actual / constructive] notice of the dangerous condition described above because:

☐ Defendant created the dangerous condition.

☐ Defendant had actual knowledge of the dangerous condition through [DESCRIBE HOW, e.g., prior complaints, inspection reports, employee reports].

☐ The dangerous condition existed for a sufficient period of time that Defendant, in the exercise of reasonable care, should have discovered and remedied it.

☐ The dangerous condition was part of a recurring pattern that Defendant knew or should have known about.

11. As a direct and proximate result of the dangerous condition, Plaintiff [DESCRIBE INCIDENT, e.g., slipped and fell, was struck by a falling object, tripped over a defect] and sustained serious injuries.

5. FIRST CAUSE OF ACTION — NEGLIGENCE (PREMISES LIABILITY)

(Against [DEFENDANT NAME] and DOES 1 through [NUMBER])

12. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 11 above.

13. Under Cal. Civ. Code § 1714, Defendant owed Plaintiff a duty of ordinary care in the ownership, maintenance, management, and operation of the Premises. California applies a general duty of care to all persons on the property, regardless of their status as invitee, licensee, or trespasser. See Rowland v. Christian, 69 Cal.2d 108 (1968).

14. Defendant breached this duty by [failing to maintain the Premises in a reasonably safe condition / failing to inspect the Premises / failing to repair the dangerous condition / failing to warn Plaintiff of the dangerous condition / other specific acts or omissions].

15. Defendant's breach of duty was a substantial factor in causing Plaintiff's injuries and damages.

16. As a direct and proximate result of Defendant's negligence, Plaintiff suffered injuries and damages as described herein.

6. SECOND CAUSE OF ACTION — NEGLIGENT MAINTENANCE OF PROPERTY

(Against [DEFENDANT NAME] and DOES 1 through [NUMBER])

17. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 16 above.

18. Defendant had a duty to properly maintain the Premises, including but not limited to [SPECIFY MAINTENANCE DUTIES, e.g., regular cleaning, structural repairs, adequate lighting, grounds keeping].

19. Defendant negligently maintained the Premises by [DESCRIBE SPECIFIC MAINTENANCE FAILURES].

20. Defendant's negligent maintenance was a substantial factor in causing Plaintiff's injuries and damages.

7. THIRD CAUSE OF ACTION — FAILURE TO WARN

(Against [DEFENDANT NAME] and DOES 1 through [NUMBER])

21. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 20 above.

22. Defendant knew or, in the exercise of reasonable care, should have known of the dangerous condition on the Premises.

23. Defendant failed to provide adequate warnings to Plaintiff of the dangerous condition, including but not limited to [failure to post warning signs / failure to barricade the area / failure to provide verbal warnings / failure to use cones or other markers].

24. Defendant's failure to warn was a substantial factor in causing Plaintiff's injuries and damages.

8. FOURTH CAUSE OF ACTION — WILLFUL OR WANTON MISCONDUCT

(Against [DEFENDANT NAME] and DOES 1 through [NUMBER])

25. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 24 above.

26. Defendant's conduct was willful, wanton, and in conscious disregard of the rights and safety of Plaintiff in that Defendant [DESCRIBE EGREGIOUS CONDUCT, e.g., was aware of multiple prior similar incidents and failed to act, deliberately ignored safety inspection recommendations, continued to operate despite known code violations].

27. By reason of the willful and wanton conduct described above, Plaintiff is entitled to punitive damages under Cal. Civ. Code § 3294 in an amount sufficient to punish Defendant and deter similar conduct.

9. DAMAGES

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

a. Medical Expenses: Past and future medical expenses, including but not limited to hospitalization, surgery, physician visits, physical therapy, prescription medications, diagnostic testing, and assistive devices, in an amount to be proven at trial, but estimated at no less than $[AMOUNT].

b. Lost Wages and Earning Capacity: Past and future loss of income, wages, earnings, and earning capacity in an amount to be proven at trial, but estimated at no less than $[AMOUNT].

c. Pain and Suffering: Past and future physical pain and mental suffering in an amount to be proven at trial.

d. Emotional Distress: Past and future emotional distress, anxiety, depression, and related psychological harm in an amount to be proven at trial.

e. Loss of Enjoyment of Life: Diminished ability to participate in and enjoy life's activities in an amount to be proven at trial.

f. Loss of Consortium: [IF APPLICABLE — Plaintiff's spouse, [SPOUSE NAME], has been deprived of the comfort, society, companionship, and conjugal relations of Plaintiff.]

g. Property Damage: [IF APPLICABLE — Damage to Plaintiff's personal property in the amount of $[AMOUNT].]

h. Punitive Damages: [IF APPLICABLE — In an amount sufficient to punish Defendant and deter similar conduct, pursuant to Cal. Civ. Code § 3294.]

10. JURY DEMAND

29. Plaintiff hereby demands a trial by jury on all issues so triable.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

1. For general damages according to proof at trial;
2. For special damages, including medical expenses and lost wages, according to proof at trial;
3. For punitive damages pursuant to Cal. Civ. Code § 3294 [IF APPLICABLE];
4. For prejudgment interest as permitted by law;
5. For costs of suit incurred herein;
6. For attorneys' fees as permitted by law or contract; and
7. For such other and further relief as the Court deems just and proper.

DATED: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: ________________________________________
[ATTORNEY NAME], State Bar No. [NUMBER]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], California [ZIP CODE]
Telephone: [PHONE]
Email: [EMAIL]
Attorney for Plaintiff [PLAINTIFF NAME]

12. VERIFICATION

I, [PLAINTIFF FULL NAME], declare:

I am the Plaintiff in the above-entitled action. I have read the foregoing Complaint and know its contents. The matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [DATE] at [CITY], California.

________________________________________
[PLAINTIFF FULL NAME]

13. STATE-SPECIFIC NOTES

Unitary Standard of Care. California abolished the traditional common-law distinctions among invitees, licensees, and trespassers in Rowland v. Christian, 69 Cal.2d 108 (1968). The duty owed to all entrants is that of ordinary care under the circumstances. Cal. Civ. Code § 1714(a).

Pure Comparative Fault. California follows a pure comparative fault system. A plaintiff's damages are reduced by their percentage of fault, but the plaintiff is not barred from recovery regardless of their degree of fault. Li v. Yellow Cab Co., 13 Cal.3d 804 (1975).

Open and Obvious Doctrine. The open and obvious nature of a hazard is a factor in the duty analysis but does not automatically eliminate the property owner's duty. Martinez v. Chippewa Enters., Inc., 121 Cal.App.4th 1179 (2004).

Government Property Claims. If the defendant is a public entity, a Government Tort Claim must be filed under Cal. Gov. Code §§ 810–996.6 within six (6) months of the date of injury before a lawsuit may be filed.

Statute of Limitations. The statute of limitations for personal injury claims is two (2) years from the date of injury. Cal. Civ. Proc. Code § 335.1.

Recreational Use Immunity. Cal. Civ. Code § 846 provides limited immunity to landowners who allow recreational use of their property without charge, subject to exceptions for willful or malicious conduct.

14. SOURCES AND REFERENCES

• Cal. Civ. Code § 1714 — General Duty of Care
• Cal. Civ. Proc. Code § 335.1 — Statute of Limitations (Personal Injury)
• Cal. Civ. Code § 846 — Recreational Use Immunity
• Cal. Civ. Code § 3294 — Punitive Damages
• Cal. Gov. Code §§ 810–996.6 — Government Tort Claims Act
• Rowland v. Christian, 69 Cal.2d 108 (1968)
• Li v. Yellow Cab Co., 13 Cal.3d 804 (1975)
• California Judicial Council Forms: PLD-PI-001 (Complaint — Personal Injury)