Premises Liability Complaint

PREMISES LIABILITY COMPLAINT — NEBRASKA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Duty of Care — Visitor Status
6. First Cause of Action — Negligence (Premises Liability)
7. Second Cause of Action — Failure to Warn
8. Third Cause of Action — Negligent Maintenance
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Verification
13. State-Specific Notes
14. Sources and References

1. CAPTION

IN THE DISTRICT COURT OF [COUNTY NAME] COUNTY

STATE OF NEBRASKA

2. PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY], [COUNTY] County, Nebraska.

2. Defendant [DEFENDANT FULL NAME] ("Defendant") is [an individual residing in / a corporation organized under the laws of / 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, Nebraska (the "Premises"). Defendant may be served with process at [ADDRESS FOR SERVICE].

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to Neb. Rev. Stat. § 24-302.

5. Venue is proper in [COUNTY] County pursuant to Neb. Rev. Stat. § 25-401 et seq. because [the cause of action arose in this county / Defendant resides in this county].

4. FACTUAL ALLEGATIONS

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

7. On or about [DATE OF INCIDENT], Plaintiff was [lawfully present on / entering / exiting] the Premises for the purpose of [PURPOSE OF VISIT].

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

9. Defendant had [actual / constructive] knowledge of the dangerous condition because:

☐ Defendant created the dangerous condition.

☐ Defendant had actual knowledge of the condition through [DESCRIBE].

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

☐ The condition was part of a recurring hazard known to Defendant.

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

5. DUTY OF CARE — VISITOR STATUS

11. At the time of the incident, Plaintiff was [an invitee / a licensee] on the Premises.

If Invitee:

12. Plaintiff entered the Premises at the express or implied invitation of Defendant for a purpose connected with the business on the Premises. Defendant owed Plaintiff the duty to maintain the Premises in a reasonably safe condition, to inspect for foreseeable hazards, and to warn of or remedy dangerous conditions.

If Licensee:

12. Plaintiff entered the Premises with Defendant's consent but not for a business purpose. Defendant owed Plaintiff a duty to warn of known dangerous conditions that were not open and obvious.

6. FIRST CAUSE OF ACTION — NEGLIGENCE (PREMISES LIABILITY)

(Against [DEFENDANT NAME])

13. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 12 above.

14. Defendant breached the duty of care by [failing to maintain / failing to inspect / failing to repair / failing to warn].

15. Defendant's breach was a proximate cause of Plaintiff's injuries and damages.

7. SECOND CAUSE OF ACTION — FAILURE TO WARN

(Against [DEFENDANT NAME])

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

17. Defendant knew or should have known of the dangerous condition.

18. Defendant failed to provide adequate warning to Plaintiff.

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

8. THIRD CAUSE OF ACTION — NEGLIGENT MAINTENANCE

(Against [DEFENDANT NAME])

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

21. Defendant had a duty to properly maintain the Premises.

22. Defendant negligently failed to perform required maintenance, specifically [DESCRIBE].

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

9. DAMAGES

24. As a proximate result of Defendant's negligence, Plaintiff has suffered the following damages:

a. Medical Expenses: Past and future reasonable and necessary medical expenses.

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

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

d. Mental Anguish: Past and future mental anguish and emotional distress.

e. Physical Impairment: Past and future physical impairment and disability.

f. Disfigurement: Past and future disfigurement.

g. Loss of Consortium: [IF APPLICABLE — Loss of consortium.]

10. JURY DEMAND

25. Plaintiff hereby demands a trial by jury on all issues triable by jury.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant as follows:

1. Compensatory damages in an amount to be determined at trial;
2. Pre-judgment and post-judgment interest;
3. Costs of suit;
4. Such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[LAW FIRM NAME]

By: ________________________________________
[ATTORNEY NAME], NE Bar No. [NUMBER]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Nebraska [ZIP CODE]
Telephone: [PHONE]
Facsimile: [FAX]
Email: [EMAIL]
Attorney for Plaintiff [PLAINTIFF NAME]

12. VERIFICATION

STATE OF NEBRASKA
COUNTY OF [COUNTY NAME]

I, [PLAINTIFF FULL NAME], being first duly sworn, depose and say that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge and belief.

________________________________________
[PLAINTIFF FULL NAME]

SUBSCRIBED AND SWORN TO BEFORE ME on [DATE].

________________________________________
Notary Public
My Commission Expires: [DATE]

13. STATE-SPECIFIC NOTES

Visitor Classifications. Nebraska retains the traditional invitee/licensee/trespasser framework.

Modified Comparative Negligence (50% Bar). Under Neb. Rev. Stat. § 25-21,185.09, a plaintiff is barred from recovery if the plaintiff's negligence is equal to or greater than the total negligence of all persons against whom recovery is sought. If less than 50%, damages are reduced proportionally.

Four-Year Statute of Limitations. Neb. Rev. Stat. § 25-207 provides four years from the date of injury for personal injury claims.

No Non-Economic Damages Cap (General Negligence). Nebraska does not cap non-economic damages in standard premises liability cases.

Government Claims. Claims against political subdivisions require compliance with the Political Subdivisions Tort Claims Act, Neb. Rev. Stat. § 13-901 et seq., including a one-year notice requirement and damage caps.

Recreational Use Immunity. Neb. Rev. Stat. § 37-729 to § 37-736 provides immunity for landowners who permit recreational use without charge.

14. SOURCES AND REFERENCES

• Neb. Rev. Stat. § 25-21,185.07 to § 25-21,185.12 — Comparative negligence
• Neb. Rev. Stat. § 25-207 — Four-year statute of limitations
• Neb. Rev. Stat. § 37-729 to § 37-736 — Recreational use immunity
• Neb. Rev. Stat. § 13-901 et seq. — Political Subdivisions Tort Claims Act