Premises Liability Complaint - South Carolina

PREMISES LIABILITY COMPLAINT — SOUTH CAROLINA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Dangerous Condition and Notice
6. Duty of Care
7. Count I — Negligence / Premises Liability
8. Count II — Negligent Maintenance
9. Comparative Fault
10. Damages
11. Jury Demand
12. Prayer for Relief

CAPTION

STATE OF SOUTH CAROLINA
COUNTY OF [COUNTY NAME]
IN THE COURT OF COMMON PLEAS
[JUDICIAL CIRCUIT]

PARTIES

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

2. Defendant [DEFENDANT FULL NAME] is [a citizen and resident of [COUNTY] County, South Carolina / a corporation organized under the laws of [STATE], with its principal place of business at] [DEFENDANT ADDRESS], [CITY], South Carolina [ZIP CODE].

3. At all times relevant hereto, Defendant owned, operated, managed, maintained, and/or controlled the real property located at [PROPERTY ADDRESS] ("the Premises").

JURISDICTION AND VENUE

4. This Court has original civil jurisdiction under S.C. Const. art. V, § 11, subject to any exclusive jurisdiction vested in an inferior court. The claim falls within this Court's jurisdiction because [STATE THE CLAIM-SPECIFIC BASIS AND ANY REQUIRED ALLOCATION FACTS].

5. Venue is alleged to be proper in [COUNTY] County under S.C. Code Ann. § 15-7-30([SUBSECTION]) because Defendant is a [RESIDENT INDIVIDUAL / NONRESIDENT INDIVIDUAL / DOMESTIC ENTITY / QUALIFYING FOREIGN ENTITY / OTHER] and [PLEAD THE RESIDENCE OR PRINCIPAL PLACE OF BUSINESS WHEN THE CLAIM AROSE, OR THE MOST SUBSTANTIAL PART OF THE ALLEGED ACT OR OMISSION, AS REQUIRED BY THE SELECTED SUBSECTION]. The selected route must account for any special venue statute; transacting business or owning property alone does not establish an entity's principal place of business.

FACTUAL ALLEGATIONS

6. On or about [DATE OF INCIDENT], Plaintiff was lawfully present on the Premises located at [PROPERTY ADDRESS], [CITY], South Carolina, for the purpose of [PURPOSE OF VISIT, e.g., shopping, conducting business, dining].

7. At the time of the incident, Plaintiff was a [business invitee / licensee / social guest] on the Premises.

8. While on the Premises, Plaintiff [DESCRIBE THE INCIDENT, e.g., slipped and fell on a wet floor, tripped over a broken step, was injured by a falling display].

9. As a direct and proximate result of the incident, Plaintiff suffered serious bodily injuries, including but not limited to [DESCRIBE INJURIES].

DANGEROUS CONDITION AND NOTICE

10. At the time of Plaintiff's injury, there existed a dangerous condition on the Premises, specifically [DESCRIBE DANGEROUS CONDITION IN DETAIL].

11. The dangerous condition was latent and not open or obvious to Plaintiff in the exercise of ordinary care.

12. Defendant had actual notice of the dangerous condition because [DESCRIBE BASIS FOR ACTUAL NOTICE].

13. Alternatively, Defendant had constructive notice of the dangerous condition because the condition existed for a sufficient length of time that Defendant, in the exercise of reasonable care and diligence, should have discovered and corrected it.

14. Despite having actual and/or constructive notice of the dangerous condition, Defendant failed to repair, remedy, guard, barricade, or warn of the dangerous condition.

DUTY OF CARE

15. As the owner, operator, and/or controller of the Premises, Defendant owed Plaintiff, as a business invitee, the duty to exercise reasonable or ordinary care for Plaintiff's safety, including the duty to keep the Premises in a reasonably safe condition and to warn of latent or hidden dangers of which Defendant had actual or constructive knowledge.

16. Defendant's duty included, but was not limited to:

    • ☐ Regularly inspecting the Premises to discover dangerous conditions;
    • ☐ Repairing known hazards in a timely manner;
    • ☐ Warning invitees of latent or hidden dangers;
    • ☐ Maintaining the Premises in a reasonably safe condition;
    • ☐ Establishing and following adequate safety and maintenance protocols.

COUNT I — NEGLIGENCE / PREMISES LIABILITY

17. Plaintiff incorporates all preceding paragraphs as though fully set forth herein.

18. Defendant breached the duty of care owed to Plaintiff by one or more of the following acts or omissions:

    • ☐ Failing to maintain the Premises in a reasonably safe condition;
    • ☐ Failing to inspect the Premises to discover the dangerous condition;
    • ☐ Failing to repair or remedy the dangerous condition within a reasonable time;
    • ☐ Failing to warn Plaintiff of the latent dangerous condition;
    • ☐ Failing to barricade or guard the dangerous condition;
    • ☐ [OTHER SPECIFIC ACTS OF NEGLIGENCE].

19. As a direct and proximate result of Defendant's negligence, Plaintiff suffered the injuries and damages described herein.

COUNT II — NEGLIGENT MAINTENANCE

20. Plaintiff incorporates all preceding paragraphs as though fully set forth herein.

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

22. Defendant's negligent maintenance of the Premises was a direct and proximate cause of Plaintiff's injuries and damages.

22A. [COMPLETE ONLY IF PUNITIVE DAMAGES ARE SOUGHT] Defendant's conduct was wilful, wanton, or reckless because [SPECIFIC FACTS SUPPORTING THAT STATE OF MIND].

COMPARATIVE FAULT

23. Plaintiff alleges that [FACTS SHOWING PLAINTIFF'S CONDUCT]. Any comparative fault and its effect on recovery are matters for determination under applicable South Carolina law.

DAMAGES

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

Economic Damages:

• ☐ Past medical expenses in the amount of $[AMOUNT];
• ☐ Future medical expenses estimated at $[AMOUNT];
• ☐ Lost wages and earning capacity in the amount of $[AMOUNT];
• ☐ Future lost wages and diminished earning capacity estimated at $[AMOUNT];
• ☐ Property damage in the amount of $[AMOUNT];
• ☐ Other economic losses: [DESCRIBE].

Non-Economic Damages:

• ☐ Physical pain and suffering, past and future;
• ☐ Mental anguish and emotional distress;
• ☐ Loss of enjoyment of life;
• ☐ Permanent impairment and/or disfigurement.

The injured Plaintiff’s spouse may assert a separate loss-of-consortium claim under S.C. Code Ann. § 15-75-20 if applicable; it is not part of this Plaintiff’s damages.

JURY DEMAND

25. Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendant as follows:

1. Compensatory damages in an amount to be proven at trial, including supported economic and non-economic losses without duplicate recovery;
2. Punitive damages, if the facts in paragraph 22A are pleaded and proved to the standard in S.C. Code Ann. §§ 15-32-520(D), 15-33-135;
3. Pre-judgment and post-judgment interest as allowed by law;
4. Costs of suit, including filing fees and service costs;
5. Such other and further relief as this Court deems just and proper.

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]
[ATTORNEY NAME], Esq.
[BAR NUMBER]
[FIRM ADDRESS]
[CITY], [STATE] [ZIP CODE]
[TELEPHONE]
[EMAIL]

Attorney for Plaintiff

Date: [__/__/____]

VERIFICATION

STATE OF SOUTH CAROLINA
COUNTY OF [COUNTY NAME]

I, [PLAINTIFF FULL NAME], being duly sworn, state that I have read the foregoing Complaint, and the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[PLAINTIFF FULL NAME]

Subscribed and sworn to before me this [____] day of [________], [____].

[________________________________]
Notary Public
My Commission Expires: [__/__/____]

STATE-SPECIFIC NOTES — SOUTH CAROLINA