Premises Liability Complaint - Delaware

PREMISES LIABILITY COMPLAINT — DELAWARE

Before filing: File the complaint with a praecipe and the court's current Civil Case Information Statement. For a personal injury claim, Rule 3(h) also requires Form 30 interrogatory answers, available records of special damages, and specified wage records if lost wages are claimed; seek a court waiver for good cause if needed.

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. Delaware Practice Notes

CAPTION

Superior Court of the State of Delaware, [________________________________] County

JURY TRIAL DEMANDED ☐ Jury of 12 demanded

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, Delaware.

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 [________________________________], Delaware.

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

JURISDICTION AND VENUE

4. This common-law personal-injury action is brought in Superior Court under Del. Const. art. IV, § 7 and 10 Del. C. § 541. The premises, incident, and parties have the following Delaware connections: [FACTS ESTABLISHING PERSONAL JURISDICTION AND FORUM].

5. Plaintiff files in [________________________________] County because [FACTS SUPPORTING COUNTY FORUM]. Section 5102 concerns costs in a civil action against a Delaware citizen sued outside the citizen's county of residence; it does not itself establish venue.

5A. Government defendant only: [IDENTIFY FACTS SUPPORTING AN EXCEPTION TO IMMUNITY UNDER § 4012; STATE COMPLIANCE WITH ANY APPLICABLE § 4013(c) NOTICE ORDINANCE; IF SUING THE MAYOR AND COUNCIL OF WILMINGTON FOR A COVERED NEGLIGENCE INJURY, STATE THE DATE AND CONTENT OF WRITTEN NOTICE TO THE MAYOR UNDER § 8124. OMIT THIS PARAGRAPH FOR A PRIVATE DEFENDANT.]

FACTUAL ALLEGATIONS

The Premises and Plaintiff's Status

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

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 a business invitee for the purpose of [________________________________]. State the facts supporting invitee status: [________________________________]. If another status applies, revise the duty allegations and check 25 Del. C. § 1501 for a guest or trespasser on private residential or farm premises.

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 ordinary 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 [operator/possessor] exercising control over the relevant area of the Premises, Defendant owed Plaintiff, as a business invitee, reasonable care to keep the Premises in a reasonably safe condition and to address a danger it knew or should have discovered through reasonable inspection. Facts establishing control: [________________________________]. Donovan v. Wawa, Inc., C.A. No. N16C-05-068 CLS (Del. Super. Oct. 17, 2017). The following acts or omissions are alleged:

• ☐ 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 expenses [SPECIFY PARTICULAR ITEMS CLAIMED];

b. Lost Wages and Earning Capacity: Past and future lost wages and diminished earning capacity [SPECIFY PARTICULAR ITEMS CLAIMED];

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 triable of right by a jury pursuant to Del. Const. art. I, § 4 and Superior Court Civil Rule 38. To demand a 12-person jury, check the first-page box immediately after the caption; otherwise Rule 38(d) treats the demand as one for six.

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

Date: [__/__/____]

DELAWARE PRACTICE NOTES

Duty of Care Framework

This form pleads a business-invitee claim. The official Donovan opinion describes the reasonably safe premises and actual or reasonably discoverable notice elements. For a different visitor status, revise the duty and defenses before filing; § 1501 specifically concerns nonpaying guests or trespassers on private residential or farm premises.

Modified Comparative Negligence (50% Bar)

Under 10 Del. C. § 8132, a plaintiff's negligence does not bar recovery when it is no greater than the defendant's negligence or the combined negligence of all defendants against whom recovery is sought. Damages are reduced in proportion to the plaintiff's negligence.

Premises Guest Statute

25 Del. C. § 1501 limits actions by nonpaying guests and trespassers injured on another's private residential or farm premises, subject to intentional injury or willful or wanton disregard. Determine property type, visitor status, payment, and the alleged conduct before using an invitee negligence theory.

Government Property Claims

For a covered local-government defendant, §§ 4011-4012 require an applicable immunity exception; § 4013(c) permits a political subdivision to enact a notice ordinance, but does not impose one statewide. Claims against the Mayor and Council of Wilmington for the specified negligence injuries require written notice to the Mayor within one year from injury, stating time, place, cause, and character of injury (10 Del. C. § 8124). This form must plead the applicable exception and notice facts if a government defendant is selected.

Damages Caps

For an action permitted by the local-government tort subchapter, § 4013(a) limits damages including costs against a political subdivision and its employees to $300,000 per single occurrence, unless the subdivision elects higher liability insurance, when the insurance amount is the limit. Do not apply this cap to a private defendant.

Statute of Limitations

Generally two years from the alleged injury date under 10 Del. C. § 8119, expressly subject to § 8127; check claim classification, accrual, tolling, and any special defendant rule.

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 Delaware attorney before filing.