Premises Liability Complaint - South Dakota

PREMISES LIABILITY COMPLAINT — SOUTH DAKOTA

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

IN THE CIRCUIT COURT
[JUDICIAL CIRCUIT]
STATE OF SOUTH DAKOTA
COUNTY OF [COUNTY NAME]

PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] is an individual residing at [PLAINTIFF ADDRESS], [CITY], [COUNTY] County, South Dakota [ZIP CODE].

2. Defendant [DEFENDANT FULL NAME] is [an individual residing at / a corporation organized under the laws of [STATE], with its principal place of business at] [DEFENDANT ADDRESS], [CITY], [COUNTY] County, South Dakota [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 jurisdiction over this matter pursuant to SDCL 16-6-9, as this is a civil action within the original jurisdiction of the Circuit Court.

5. Venue is proper in [COUNTY] County under SDCL § 15-5-8 because [damages were inflicted / the cause of action arose] in that county.

FACTUAL ALLEGATIONS

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

7. At the time of the incident, Plaintiff was a business invitee on the Premises.

8. While on the Premises, Plaintiff [DESCRIBE THE INCIDENT, e.g., slipped and fell on an icy parking lot, tripped over a broken threshold, was injured by a collapsing structure].

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 had existed for [DURATION OR DESCRIPTION OF TIME PERIOD], which was sufficient time for Defendant, in the exercise of reasonable care, to discover and remedy the condition.

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, a business invitee, reasonable or ordinary care for Plaintiff's safety. Tammen v. K & K Management Services, Inc., 2019 S.D. 29, ¶¶ 21–22.

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

    • ☐ Conducting reasonable inspections to discover dangerous conditions;
    • ☐ Repairing known hazards in a timely manner;
    • ☐ Warning of dangerous conditions that could not be immediately remedied;
    • ☐ Maintaining the Premises in a reasonably safe condition for invitees;
    • ☐ Addressing snow or ice hazards on walkways and parking areas in light of the actual conditions.

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 dangerous condition;
    • ☐ Failing to barricade or guard the dangerous condition;
    • ☐ Creating an unnatural or artificial accumulation of snow, ice, or other hazardous substance;
    • ☐ [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.

COMPARATIVE FAULT

23. Plaintiff was not at fault for the incident described herein, or alternatively, any fault attributable to Plaintiff was slight in comparison with the negligence of Defendant.

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;

JURY DEMAND

25. Under SDCL § 15-6-38(a)-(b), Plaintiff demands a jury trial on all issues triable of right by a jury.

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;
2. Economic damages including medical expenses, lost wages, and future care costs;
3. Non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life;
4. Punitive damages if the evidence establishes conduct qualifying under SDCL § 21-3-2, subject to the hearing and clear-and-convincing reasonable-basis finding required by SDCL § 21-1-4.1 before punitive discovery or submission to the finder of fact;
5. Pre-judgment and post-judgment interest as allowed by law;
6. Costs of suit, including filing fees and service costs;
7. 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 DAKOTA
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: [__/__/____]