Premises Liability Complaint

PREMISES LIABILITY COMPLAINT — KENTUCKY

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. Kentucky Practice Notes

CAPTION

IN THE [________________________________] CIRCUIT COURT

[________________________________] COUNTY, KENTUCKY

[________________________________],

Plaintiff,

v.

Civil Action 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, Kentucky.

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 [________________________________], Kentucky.

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

JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this action pursuant to KRS 23A.010, as this matter involves claims for damages in excess of $5,000.

5. Venue is proper in [________________________________] County pursuant to KRS 452.400 / KRS 452.450, 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 [________________________________], Kentucky.

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, 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 [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, or alternatively, even if the condition was apparent, the open and obvious nature of the hazard does not absolve Defendant of liability and is instead a factor for the jury to consider under comparative fault. See Shelton v. Ky. Easter Seals Soc'y, Inc., 413 S.W.3d 901 (Ky. 2013).

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 the Kentucky Constitution, § 7, and Kentucky Rules of Civil Procedure, CR 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
Kentucky Bar No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

KENTUCKY PRACTICE NOTES

Duty of Care Framework

Kentucky considers the status of the visitor (invitee, licensee, trespasser) in determining duty, but the framework has evolved significantly:

• Under Kentucky River Medical Center v. McIntosh, 319 S.W.3d 385 (Ky. 2010), the "open and obvious" nature of a hazard no longer automatically bars recovery.
• Under Shelton v. Ky. Easter Seals Soc'y, Inc., 413 S.W.3d 901 (Ky. 2013), whether a condition is open and obvious is a factor for the jury under comparative fault, not a complete defense.
• The duty analysis has moved toward a comparative fault standard.

Pure Comparative Fault

Kentucky is a pure comparative fault state under KRS 411.182. A plaintiff's recovery is reduced by their percentage of fault but is never completely barred, even if the plaintiff is more than 50% at fault.

Open and Obvious Doctrine

The open and obvious nature of a hazard is not an automatic bar to recovery. Under Shelton (2013), it is a factor for the jury in the comparative fault analysis. This is a significant departure from many other states.

Government Property Claims

Claims against the State must be filed with the Board of Claims within one (1) year from the time the claim accrued, though no action can be commenced beyond two (2) years from the date of the negligent act (KRS 49.120).

Damages Caps

Verify current law regarding any caps on non-economic or punitive damages in Kentucky premises liability cases.

Statute of Limitations (CRITICAL)

ONE (1) YEAR from the date of injury (KRS 413.140(1)(a)). This is one of the shortest personal injury limitation periods in the United States. Prompt investigation and filing is essential.

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 Kentucky attorney before filing.