Premises Liability Complaint - North Dakota

IN THE DISTRICT COURT OF [COUNTY] COUNTY, NORTH DAKOTA

[JUDICIAL DISTRICT] JUDICIAL DISTRICT

Civil No. [________________]

COMPLAINT FOR PERSONAL INJURY — PREMISES LIABILITY

Parties, jurisdiction, and venue

1. Plaintiff [NAME] resides in [COUNTY, STATE].
2. Defendant [NAME] is [an individual residing in / a business organized under the laws of] [STATE] and [owned / occupied / controlled] the premises at [ADDRESS] on the date of the incident.
3. This Court has civil jurisdiction under N.D. Cent. Code § 27-05-06.
4. Venue is proper in [COUNTY] County because [an individual Defendant resided here when this action commenced under § 28-04-05 / a domestic corporate or LLC Defendant transacts business here under § 28-04-04]. [If another venue route applies, identify its statute and supporting facts.]

Facts and negligence

5. On [DATE], Plaintiff lawfully entered the premises at [ADDRESS] for [PURPOSE]. Plaintiff was [an invitee / a licensee].
6. The premises contained [DESCRIBE THE SPECIFIC DANGEROUS CONDITION OR ACTIVITY, LOCATION, DURATION, LIGHTING, WEATHER, AND OTHER RELEVANT FACTS].
7. Defendant [created the danger / knew of it because: FACTS / should have discovered it through reasonable care because: FACTS] and had a reasonable opportunity to [remove / repair / guard / warn] under the circumstances. Defendant failed to [SPECIFIC ACT OR OMISSION].
8. Plaintiff was injured when [DESCRIBE THE INCIDENT, including any fall, falling object, defective feature, or other mechanism]. Plaintiff suffered [DESCRIBE ACTUAL INJURIES AND LOSSES]. [Describe supported future care or loss, if any.]
9. Under O'Leary v. Coenen, 251 N.W.2d 746 (N.D. 1977), an occupier must use reasonable care toward invitees and licensees in maintaining reasonably safe premises, considering the likelihood and seriousness of injury and the burden of avoiding the risk. Defendant breached that duty through the conduct pleaded above. The breach caused Plaintiff's injuries and damages.

Comparative fault and damages

10. Plaintiff denies comparative fault. If Plaintiff is found at fault, N.D. Cent. Code § 32-03.2-02 reduces damages proportionally and bars recovery only if Plaintiff's fault is as great as the combined fault of all other persons who contributed to the injury.
11. Plaintiff seeks proven economic damages for [MEDICAL CARE / LOST EARNINGS / OTHER MONETARY LOSS] and noneconomic damages for [PAIN / IMPAIRMENT / EMOTIONAL DISTRESS / OTHER NONPECUNIARY LOSS], as applicable under § 32-03.2-04.

Prayer for relief

Plaintiff requests judgment against Defendant for:

A. Economic damages in the amount proved at trial;
B. Noneconomic damages [in a specific amount below $50,000: AMOUNT / if seeking $50,000 or more: a reasonable sum but not less than fifty thousand dollars], as required by § 32-03.2-07;
C. Interest and taxable costs to the extent allowed by applicable law; and
D. Other relief the Court finds proper.

Jury demand

Under N.D.R.Civ.P. 38, Plaintiff demands a jury trial on all issues triable of right by a jury. Plaintiff will serve and file this demand as Rule 38 requires.

Dated: [__/__/____]

[ATTORNEY NAME]
State Board of Law Examiners ID: [NUMBER]
[LAW FIRM, IF ANY]
[ADDRESS]
[CITY, STATE, ZIP]
Telephone: [NUMBER]
Email for electronic service: [EMAIL]

By: ____________________________
[ATTORNEY NAME], attorney for Plaintiff