Premises Liability Complaint

PREMISES LIABILITY COMPLAINT — INDIANA

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. Indiana Practice Notes

CAPTION

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

[________________________________],

Plaintiff,

v.

Cause 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, Indiana.

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 [________________________________], Indiana.

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

JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this action pursuant to Ind. Code § 33-28-1-2 (Circuit Court) / Ind. Code § 33-29-1-1.5 (Superior Court).

5. Venue is proper in [________________________________] County pursuant to Ind. Code § 34-35-1-1 et seq., 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 [________________________________], Indiana.

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 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, 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. Punitive Damages: If warranted by clear and convincing evidence of Defendant's willful and wanton conduct, subject to the cap under Ind. Code § 34-51-3-4;

h. Other Damages: [________________________________].

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable pursuant to the Indiana Constitution, Article I, § 20, and Indiana Trial 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. Punitive damages as warranted, subject to Ind. Code § 34-51-3-4;

c. Pre-judgment and post-judgment interest as allowed by law;

d. Costs of this action, including court costs and filing fees;

e. Attorney's fees as permitted by law;

f. Such other and further relief as this Court deems just and proper.

Respectfully submitted,

[________________________________]
Attorney for Plaintiff
Indiana Attorney No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

INDIANA PRACTICE NOTES

Duty of Care Framework

Indiana follows the traditional invitee/licensee/trespasser trichotomy (Burrell v. Meads, 569 N.E.2d 637 (Ind. 1991)):

• Invitee: Highest duty — reasonable care to maintain safe premises, inspect for hazards, and warn of or remedy known or discoverable dangerous conditions.
• Licensee: Duty to warn of known hidden dangers.
• Trespasser: Generally owed only a duty to refrain from willful or wanton injury.

Modified Comparative Fault (51% Bar)

Under Ind. Code § 34-51-2-5, a plaintiff's recovery is barred if their fault is greater than 50%. If the plaintiff's fault is 50% or less, damages are reduced proportionally by the plaintiff's percentage of fault.

Open and Obvious Defense

Indiana applies the open and obvious defense (Miller v. Todd, 551 N.E.2d 1139 (Ind. 1990)). A landowner generally has no duty to warn of hazards that are known or obvious to the visitor. However, exceptions may exist when the owner should anticipate harm despite the obvious nature.

Government Property Claims — Indiana Tort Claims Act

The Indiana Tort Claims Act (Ind. Code § 34-13-3) governs claims against government entities. A notice of tort claim must generally be filed within 180 days of the loss. Failure to provide timely notice bars the claim.

Damages Caps

• Non-economic damages: No general statutory cap in ordinary personal injury cases.
• Punitive damages: Capped at the greater of three times compensatory damages or $50,000 under Ind. Code § 34-51-3-4. Seventy-five percent (75%) of any punitive damages award is paid to the Indiana Violent Crimes Victim Compensation Fund.

Statute of Limitations

Two (2) years from the date of injury (Ind. Code § 34-11-2-4).

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 Indiana attorney before filing.