Premises Liability Complaint

PREMISES LIABILITY COMPLAINT — NORTH CAROLINA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. First Claim for Relief — Negligence (Premises Liability)
6. Second Claim for Relief — Negligent Maintenance of Property
7. Third Claim for Relief — Failure to Warn
8. Fourth Claim for Relief — Willful or Wanton Conduct
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Verification
13. State-Specific Notes
14. Sources and References

1. CAPTION

STATE OF NORTH CAROLINA

[COUNTY NAME] COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

[YEAR]-CVS-[NUMBER]

2. PARTIES

1. Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is a citizen and resident of [COUNTY] County, North Carolina, residing at [ADDRESS], [CITY], North Carolina [ZIP CODE].

2. Defendant, [DEFENDANT FULL NAME] ("Defendant"), is [a citizen and resident of [COUNTY] County, North Carolina / a corporation organized under the laws of [STATE] and authorized to do business in North Carolina / a limited liability company formed under the laws of [STATE]], and at all relevant times was the [owner / lessee / occupier / manager] of the real property located at [PROPERTY ADDRESS], [CITY], [COUNTY] County, North Carolina [ZIP CODE] (the "Premises").

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to N.C. Const. Art. IV, § 12, as the Superior Court has original general jurisdiction.

5. The amount in controversy exceeds $25,000, exclusive of interest and costs.

6. Venue is proper in [COUNTY] County pursuant to N.C. Gen. Stat. § 1-82 because [the cause of action arose in this county / Defendant resides in this county].

4. FACTUAL ALLEGATIONS

7. At all relevant times, Defendant [owned / leased / occupied / managed / controlled] the Premises located at [PROPERTY ADDRESS], [CITY], North Carolina [ZIP CODE].

8. On or about [DATE OF INCIDENT], at approximately [TIME], Plaintiff was lawfully present on the Premises for the purpose of [PURPOSE OF VISIT].

9. At the time of the incident, there existed on the Premises a dangerous and hazardous condition, specifically: [DESCRIBE DANGEROUS CONDITION IN DETAIL].

10. The dangerous condition was hidden and not readily apparent to Plaintiff.

11. Defendant had [actual / constructive] notice of the dangerous condition because:

☐ Defendant created the dangerous condition.

☐ Defendant had actual knowledge through [DESCRIBE].

☐ The dangerous condition existed for a sufficient length of time that Defendant, in the exercise of reasonable care, should have discovered and remedied it.

☐ The dangerous condition was of a recurring nature that Defendant knew or should have known about.

12. As a direct and proximate result of the dangerous condition, Plaintiff [DESCRIBE INCIDENT] and sustained severe and serious injuries.

13. Plaintiff was at all times exercising due care for Plaintiff's own safety and was not contributorily negligent in any manner whatsoever.

5. FIRST CLAIM FOR RELIEF — NEGLIGENCE (PREMISES LIABILITY)

(Against Defendant [DEFENDANT NAME])

14. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 13 above.

15. Defendant owed Plaintiff, as a lawful visitor on the Premises, a duty of reasonable care under the circumstances to keep the Premises in a reasonably safe condition and to warn of hidden dangers. See Nelson v. Freeland, 349 N.C. 615 (1998).

16. Defendant was negligent in one or more of the following respects:

☐ Failing to maintain the Premises in a reasonably safe condition;

☐ Failing to inspect the Premises for dangerous conditions;

☐ Failing to correct, repair, or remedy the dangerous condition;

☐ Failing to warn Plaintiff of the dangerous condition;

☐ Failing to comply with applicable building codes and safety regulations;

☐ [OTHER SPECIFIC ACTS OR OMISSIONS].

17. Defendant's negligence was a proximate cause of Plaintiff's injuries and damages.

18. Plaintiff was free from any contributory negligence and exercised ordinary care for Plaintiff's own safety at all relevant times.

6. SECOND CLAIM FOR RELIEF — NEGLIGENT MAINTENANCE OF PROPERTY

(Against Defendant [DEFENDANT NAME])

19. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

20. Defendant had a duty to properly maintain the Premises, including but not limited to [SPECIFY MAINTENANCE DUTIES].

21. Defendant negligently maintained the Premises by [DESCRIBE SPECIFIC MAINTENANCE FAILURES].

22. Defendant's negligent maintenance was a proximate cause of Plaintiff's injuries.

7. THIRD CLAIM FOR RELIEF — FAILURE TO WARN

(Against Defendant [DEFENDANT NAME])

23. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

24. Defendant knew or, in the exercise of reasonable care, should have known of the dangerous condition on the Premises.

25. The dangerous condition was hidden, latent, and not readily observable by Plaintiff.

26. Defendant failed to adequately warn Plaintiff of the dangerous condition, including but not limited to [failure to post warning signs / failure to barricade the area / failure to use cones or markers].

27. Defendant's failure to warn was a proximate cause of Plaintiff's injuries.

8. FOURTH CLAIM FOR RELIEF — WILLFUL OR WANTON CONDUCT

(Against Defendant [DEFENDANT NAME])

28. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

29. Defendant's conduct was willful and wanton, demonstrating a reckless and conscious disregard for the rights and safety of Plaintiff and others, in that Defendant [DESCRIBE WILLFUL AND WANTON CONDUCT, e.g., was aware of multiple prior similar incidents and took no corrective action, deliberately ignored safety inspection findings, knowingly violated building or safety codes].

30. Defendant's willful and wanton conduct was a proximate cause of Plaintiff's injuries.

31. Plaintiff is entitled to punitive damages under N.C. Gen. Stat. § 1D-15.

9. DAMAGES

32. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered and continues to suffer the following injuries and damages:

a. Medical Expenses: Past and future reasonable and necessary medical expenses, including hospitalization, surgery, physician visits, physical therapy, prescription medications, and diagnostic testing.

b. Lost Wages and Earning Capacity: Past and future loss of wages, earnings, and diminished earning capacity.

c. Pain and Suffering: Past and future physical pain and suffering.

d. Mental and Emotional Distress: Past and future mental anguish, emotional distress, and psychological harm.

e. Permanent Injury: Permanent injuries and disability, if any.

f. Disfigurement: Past and future disfigurement and scarring.

g. Loss of Enjoyment of Life: Past and future loss of enjoyment of life.

h. Loss of Consortium: [IF APPLICABLE — Plaintiff's spouse has been deprived of the society, companionship, comfort, and consortium of Plaintiff.]

i. Punitive Damages: [IF APPLICABLE — Pursuant to N.C. Gen. Stat. § 1D-15.]

10. JURY DEMAND

33. Plaintiff hereby demands a trial by jury on all issues of fact.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays the Court as follows:

1. That Plaintiff have and recover of Defendant compensatory damages in an amount in excess of $25,000;
2. That Plaintiff recover punitive damages pursuant to N.C. Gen. Stat. § 1D-15 [IF APPLICABLE];
3. That the costs of this action be taxed to Defendant;
4. For such other and further relief as the Court deems just and proper.

This the [____] day of [MONTH], [YEAR].

[LAW FIRM NAME]

By: ________________________________________
[ATTORNEY NAME]
N.C. State Bar No. [NUMBER]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], North Carolina [ZIP CODE]
Telephone: [PHONE]
Email: [EMAIL]
Attorney for Plaintiff [PLAINTIFF NAME]

12. VERIFICATION

STATE OF NORTH CAROLINA
COUNTY OF [COUNTY NAME]

I, [PLAINTIFF FULL NAME], being duly sworn, depose and say:

I am the Plaintiff in the above-captioned action. I have read the foregoing Complaint and the matters stated therein are true to my own knowledge, except as to those matters stated upon information and belief, and as to those matters, I believe them to be true.

________________________________________
[PLAINTIFF FULL NAME]

Sworn to and subscribed before me this [____] day of [MONTH], [YEAR].

________________________________________
Notary Public
My Commission Expires: [DATE]

13. STATE-SPECIFIC NOTES

Abolition of Invitee/Licensee Distinction. The North Carolina Supreme Court abolished the distinction between invitees and licensees in Nelson v. Freeland, 349 N.C. 615 (1998). The duty owed to all lawful visitors is reasonable care under the circumstances, including the duty not to unnecessarily expose visitors to dangerous situations and to warn of hidden dangers. The trespasser classification is retained.

PURE CONTRIBUTORY NEGLIGENCE — CRITICAL. North Carolina is one of only four states (along with Alabama, Maryland, Virginia, and D.C.) that follows the pure contributory negligence doctrine. ANY negligence by the plaintiff — even 1% — completely bars recovery. This is the single most important strategic consideration in North Carolina premises liability litigation.

Exception: Last Clear Chance. The contributory negligence defense may be overcome if the defendant had the "last clear chance" to avoid the injury.

Exception: Willful/Wanton Conduct. Contributory negligence is NOT a defense to claims based on willful, wanton, or reckless conduct. This makes the willful/wanton claim particularly important in North Carolina.

Statute of Limitations. Three (3) years from the date of injury. N.C. Gen. Stat. § 1-52(16).

Government Property — Tort Claims Act. Claims against the State of North Carolina are governed by the North Carolina Tort Claims Act (N.C.G.S. § 143-291 et seq.). Claims must be filed with the Industrial Commission. Claims against municipalities are governed by applicable local governmental tort liability statutes.

Punitive Damages. Governed by N.C. Gen. Stat. Ch. 1D. Punitive damages require proof by clear and convincing evidence of fraud, malice, or willful or wanton conduct. Punitive damages are capped at the greater of three times compensatory damages or $250,000.

Open and Obvious Doctrine. While the open and obvious nature of a hazard is relevant, it does not automatically bar liability. It may, however, support a contributory negligence defense.

14. SOURCES AND REFERENCES

• N.C. Gen. Stat. § 1-52(16) — Statute of Limitations
• N.C. Gen. Stat. § 1-139 — Contributory Negligence Not a Defense to Willful/Wanton
• N.C. Gen. Stat. Ch. 1D — Punitive Damages
• N.C. Gen. Stat. § 143-291 et seq. — Tort Claims Act
• Nelson v. Freeland, 349 N.C. 615 (1998) (abolishing invitee/licensee distinction)
• Cowan v. Laughridge, 154 N.C. App. 585 (2002) (premises liability standard)
• N.C. Pattern Jury Instructions — Civil, Section 803 (Premises Liability)