Premises Liability Complaint - Indiana

Before filing: File the prescribed Appearance form separately with this Complaint under Trial Rule 3.1(A). Submit the summons for the clerk to issue, then serve the issued summons and Complaint by an authorized Trial Rule 4 method. Check the filing court's local instructions.

PREMISES LIABILITY COMPLAINT — INDIANA

IN THE [________________________________] COURT OF [________________________________] COUNTY, INDIANA

Cause No.: [________________________________]

COMPLAINT FOR DAMAGES — PREMISES INJURY

Plaintiff [PLAINTIFF NAME], by [COUNSEL NAME / SELF-REPRESENTED], alleges against Defendant [DEFENDANT NAME]:

Parties, jurisdiction, and venue

1. Plaintiff resides in [COUNTY, STATE].

2. Defendant is [AN INDIVIDUAL / AN ORGANIZATION] residing or having a principal office at [ADDRESS]. Defendant may be served at [SERVICE ADDRESS].

3. This [Circuit / standard Superior] Court has original civil jurisdiction under [Ind. Code § 33-28-1-2(a)(1) / Ind. Code § 33-29-1-1.5(1)], as applicable. The facts supporting this Court's authority over Defendant are [________________________________].

4. [COUNTY] is a preferred venue under Indiana Trial Rule 75(A) because [STATE FACTS SHOWING AN INDIVIDUAL DEFENDANT RESIDES HERE UNDER (A)(1), A RELEVANT ORGANIZATION OFFICE IS HERE UNDER (A)(4), OR ANOTHER APPLICABLE GROUND].

Count I — Negligence

5. Defendant [OWNED / LEASED / OPERATED / CONTROLLED] the premises at [ADDRESS] on [__/__/____]. Defendant's responsibilities for the part of the premises at issue were [FACTS].

6. Plaintiff entered the premises to [PURPOSE] and was at [PRECISE LOCATION] when the incident occurred.

7. The condition that caused the incident was [DESCRIBE LOCATION, CONDITION, SIZE, VISIBILITY, AND ANY RELEVANT PHOTOGRAPHS OR REPORTS].

8. The condition arose or persisted because [FACTS ABOUT CREATION, INSPECTION, REPAIR, CLEANUP, OR WARNING].

9. Defendant knew or should have known of the condition because [FACTS SHOWING ACTUAL NOTICE OR HOW LONG IT EXISTED AND COULD HAVE BEEN DISCOVERED].

10. Plaintiff entered the premises as an invitee because [FACTS SHOWING INVITATION OR OTHER BASIS FOR INVITEE STATUS]. Defendant possessed or controlled the location and owed Plaintiff reasonable care to protect against a condition posing an unreasonable risk of harm.

11. Defendant breached that duty by [SPECIFIC ACTS OR OMISSIONS, INCLUDING ANY FAILURE TO REPAIR OR WARN SUPPORTED BY THE FACTS].

12. Plaintiff was injured when [DESCRIBE FALL OR OTHER EVENT AND HOW THE CONDITION CAUSED IT].

13. Plaintiff sustained [DESCRIBE INJURIES AND TREATMENT] and incurred [DESCRIBE DOCUMENTED MEDICAL EXPENSES, LOST INCOME, AND OTHER LOSSES].

14. Plaintiff also experienced [DESCRIBE PAIN, IMPAIRMENT, OR OTHER NON-ECONOMIC HARM SUPPORTED BY THE FACTS].

Demand for relief

Plaintiff requests judgment against Defendant for compensatory damages proved in this action, costs as allowed by law, and any other appropriate relief.

Jury demand

Plaintiff demands trial by jury on every issue triable of right by jury under Indiana Trial Rule 38(B).

Dated: [__/__/____]

Signature: ___________________________________

Name: [________________________________]

Indiana attorney number, if represented: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Sources and references

• Indiana Code § 34-11-2-4(a) generally requires a personal injury action within two years after accrual; the incident date alone does not establish accrual.
• Indiana Trial Rules 8, 10, 38, and 75 govern the pleading, jury demand, and preferred venue.