Premises Liability Complaint - District of Columbia

PREMISES LIABILITY COMPLAINT — DISTRICT OF COLUMBIA

Filing package: File this complaint with a summons for each defendant and the court's Civil Actions Information Sheet. The Superior Court requires an information sheet when opening a Civil Actions case.

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

CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

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 [ADDRESS, CITY, STATE].

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 [________________________________].

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

JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this action pursuant to D.C. Code § 11-921, as this matter involves a civil action seeking damages.

5. The Premises and the alleged injury are located in the District of Columbia.

5A. [IF THE DISTRICT OF COLUMBIA IS A DEFENDANT: Plaintiff gave written notice to the Mayor on [DATE], within six months after the injury, stating the approximate time, place, cause, and circumstances of the injury, as required by D.C. Code § 12-309(a).]

FACTUAL ALLEGATIONS

The Premises and Plaintiff's Status

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

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

8. On or about [__/__/____], Plaintiff lawfully entered the Premises 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, in the exercise of reasonable care, Defendant 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, a lawful entrant, reasonable care under the circumstances. This included reasonable measures appropriate to the facts, such as:

• ☐ 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. Reasonable care under the circumstances called for [SELECT THE MEASURES SUPPORTED BY THE FACTS]:

• ☐ Conducting regular inspections of the Premises;
• ☐ Repairing known hazards in a timely manner;
• ☐ Implementing adequate safety procedures and protocols;
• ☐ Complying with [IDENTIFY APPLICABLE BUILDING CODE OR SAFETY REGULATION, IF ANY].

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 D.C. Superior Court Civil Rule 38.

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
D.C. Bar No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]