PREMISES LIABILITY COMPLAINT — NEW JERSEY

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 / Inspect
8. Third Cause of Action — Negligent Maintenance
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Certification in Lieu of Oath
13. State-Specific Notes
14. Sources and References

1. CAPTION

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION — [COUNTY NAME] COUNTY

2. PARTIES

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

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/TOWN], [COUNTY] County, New Jersey (the "Premises"). Defendant may be served with process at [ADDRESS FOR SERVICE].

3.

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to N.J. Const. art. VI, § 3, ¶ 2 and N.J.S.A. 2A:13-2.

5. Venue is proper in [COUNTY] County pursuant to R. 4:3-2 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/TOWN], New Jersey [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 / a social guest] on the Premises.

If Invitee (Business Visitor):

12. Plaintiff entered the Premises for a business purpose connected with Defendant's commercial activity. Defendant owed Plaintiff the highest duty of care: to exercise reasonable care to guard against dangerous conditions that Defendant knew about or should have discovered through reasonable inspection. Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 434 (1993).

If Licensee (Social Guest):

12. Plaintiff entered the Premises with Defendant's permission. Defendant owed Plaintiff a duty to warn of known dangerous conditions that might not be obvious to Plaintiff. Berger v. Shapiro, 30 N.J. 89 (1959).

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 owed Plaintiff the duties described above.

15. Defendant breached these duties by [failing to maintain / failing to inspect / failing to repair / failing to warn].

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

7. SECOND CAUSE OF ACTION — FAILURE TO WARN / INSPECT

(Against [DEFENDANT NAME])

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

18. Defendant knew or, through the exercise of reasonable inspection, should have known of the dangerous condition.

19. Defendant failed to warn Plaintiff or conduct reasonable inspections.

20. Defendant's failure was a proximate cause of Plaintiff's injuries.

8. THIRD CAUSE OF ACTION — NEGLIGENT MAINTENANCE

(Against [DEFENDANT NAME])

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

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

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

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

9. DAMAGES

25. 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 Enjoyment of Life: Past and future loss of enjoyment of life.

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

10. JURY DEMAND

26. 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], NJ Bar ID No. [NUMBER]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY/TOWN], New Jersey [ZIP CODE]
Telephone: [PHONE]
Facsimile: [FAX]
Email: [EMAIL]
Attorney for Plaintiff [PLAINTIFF NAME]

12. CERTIFICATION IN LIEU OF OATH

I, [PLAINTIFF FULL NAME], certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

________________________________________
[PLAINTIFF FULL NAME]

Date: [__/__/____]

13. STATE-SPECIFIC NOTES

Flexible Duty Analysis (Commercial). For commercial properties, New Jersey courts apply a balancing test considering: the relationship of the parties, the nature of the risk, the opportunity to exercise care, and public interest. Rowe v. Mazel Thirty LLC, 209 N.J. 35 (2012). For residential properties, the traditional common-law categories (invitee, licensee, trespasser) still apply. Parks v. Rogers, 176 N.J. 491 (2003).

Modified Comparative Negligence (51% Bar). Under N.J.S.A. 2A:15-5.1, plaintiff's recovery is barred if plaintiff is more than 50% at fault. If 50% or less at fault, damages are reduced proportionally.

Two-Year Statute of Limitations. N.J.S.A. 2A:14-2 provides two years from the date of injury.

Government Claims. Claims against government entities require compliance with the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., including a 90-day notice requirement. The Act limits government liability and requires proof that the condition was "palpably unreasonable." Vincitore v. N.J. Sports & Exposition Authority, 169 N.J. 119 (2001).

Commercial Sidewalk Duty. Commercial property owners have a duty to maintain public sidewalks abutting their property, including removal of snow and ice. Stewart v. 104 Wallace Street, 87 N.J. 146 (1981); Mirza v. Filmore Corp., 92 N.J. 390 (1983). Residential owners do NOT have this duty unless they created the hazardous condition. Luchejko v. City of Hoboken, 207 N.J. 191 (2011).

Res Ipsa Loquitur. New Jersey allows the doctrine of res ipsa loquitur in premises cases where the circumstances permit negligence to be inferred. Jerista v. Murray, 185 N.J. 175 (2005).

No Damages Cap. New Jersey does not cap compensatory damages in standard premises liability cases.

14. SOURCES AND REFERENCES

• N.J.S.A. 2A:15-5.1 et seq. — Comparative Negligence Act
• N.J.S.A. 2A:14-2 — Two-year statute of limitations
• N.J.S.A. 59:1-1 et seq. — New Jersey Tort Claims Act
• Hopkins v. Fox & Lazo Realtors, 132 N.J. 426 (1993)
• Parks v. Rogers, 176 N.J. 491 (2003)
• Rowe v. Mazel Thirty LLC, 209 N.J. 35 (2012)
• Townsend v. Pierre, 221 N.J. 36 (2015)
• Jerista v. Murray, 185 N.J. 175 (2005)