Premises Liability Complaint

PREMISES LIABILITY PETITION — TEXAS

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 — Negligent Activity
8. Third Cause of Action — Failure to Warn
9. Fourth Cause of Action — Gross Negligence
10. Damages
11. Jury Demand
12. Prayer for Relief
13. Verification
14. State-Specific Notes
15. Sources and References

1. CAPTION

IN THE [DISTRICT / COUNTY] COURT

[COUNTY NAME] COUNTY, TEXAS

[____] JUDICIAL DISTRICT

2. PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY], [COUNTY] County, Texas. Plaintiff may be served at [ADDRESS].

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, Texas (the "Premises"). Defendant may be served with process at [ADDRESS FOR SERVICE].

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter because the amount in controversy exceeds the minimum jurisdictional limits of this Court. Plaintiff seeks monetary relief of [over $250,000 / between $100,000 and $250,000 / between $500 and $100,000] pursuant to Tex. R. Civ. P. 47(c).

5. Venue is proper in [COUNTY] County pursuant to Tex. Civ. Prac. & Rem. Code § 15.002 because [all or a substantial part of the events giving rise to this claim occurred 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], Texas [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, e.g., a wet floor without warning signs, a broken stairway railing, an uneven sidewalk, inadequate lighting, a defective elevator].

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

☐ Defendant created the dangerous condition.

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

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

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

10. As a direct result of the dangerous condition, Plaintiff [DESCRIBE INCIDENT] and sustained serious bodily 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 or other activity conducted on the Premises. As an invitee, Defendant owed Plaintiff the duty to: (a) not injure Plaintiff by willful, wanton, or grossly negligent conduct; (b) use ordinary care to reduce or eliminate an unreasonable risk of harm created by a condition on the Premises of which Defendant knew or should have known; and (c) use ordinary care to adequately warn Plaintiff of a condition posing an unreasonable risk of harm that Defendant knew or should have known about and that Plaintiff was unlikely to discover.

If Licensee:

12. Plaintiff entered the Premises with the consent of Defendant but not for a purpose connected with Defendant's business. As a licensee, Defendant owed Plaintiff the duty to: (a) not injure Plaintiff willfully, wantonly, or through gross negligence; and (b) warn Plaintiff of, or make safe, any dangerous condition of which Defendant had actual knowledge and which was not known to Plaintiff.

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 based on Plaintiff's status on the Premises.

15. Defendant breached these duties by [failing to maintain the Premises in a reasonably safe condition / failing to inspect the Premises for dangerous conditions / failing to repair the dangerous condition / failing to adequately warn Plaintiff / other specific acts or omissions].

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

7. SECOND CAUSE OF ACTION — NEGLIGENT ACTIVITY

(Against [DEFENDANT NAME])

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

18. At the time of Plaintiff's injury, Defendant or Defendant's agents were engaged in the following activity on the Premises: [DESCRIBE ACTIVITY].

19. Defendant failed to exercise ordinary care in conducting this activity.

20. Defendant's negligent activity was a proximate cause of Plaintiff's injuries and damages.

8. THIRD CAUSE OF ACTION — FAILURE TO WARN

(Against [DEFENDANT NAME])

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

22. Defendant knew or should have known of the dangerous condition on the Premises.

23. Defendant failed to provide adequate warning to Plaintiff of the dangerous condition, including but not limited to [failure to post warning signs / failure to barricade the area / failure to provide verbal warnings].

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

9. FOURTH CAUSE OF ACTION — GROSS NEGLIGENCE

(Against [DEFENDANT NAME])

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

26. Defendant's conduct, as described above, constituted gross negligence in that: (a) when viewed objectively from Defendant's standpoint at the time of the event, the conduct involved an extreme degree of risk, considering the probability and magnitude of potential harm to others; and (b) Defendant had actual, subjective awareness of the risk involved but nevertheless proceeded with conscious indifference to the rights, safety, or welfare of others.

27. Plaintiff is entitled to exemplary damages under Tex. Civ. Prac. & Rem. Code § 41.003.

10. DAMAGES

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

a. Medical Expenses: Past and future reasonable and necessary medical expenses, including hospitalization, surgery, physician visits, physical therapy, medications, and diagnostic testing.

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

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

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

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, comfort, companionship, and society of Plaintiff's spouse.]

h. Exemplary Damages: [IF APPLICABLE — Exemplary damages pursuant to Tex. Civ. Prac. & Rem. Code § 41.003.]

11. JURY DEMAND

29. Plaintiff hereby demands a trial by jury on all issues and tenders the appropriate jury fee.

12. PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to appear and answer herein, and that upon final trial, Plaintiff have judgment against Defendant for:

1. Actual damages in an amount within the jurisdictional limits of this Court;
2. Exemplary damages [IF APPLICABLE];
3. Prejudgment and post-judgment interest at the legal rate;
4. Costs of court;
5. Such other and further relief, both general and special, at law and in equity, to which Plaintiff may show entitlement.

Respectfully submitted,

[LAW FIRM NAME]

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

13. VERIFICATION

STATE OF TEXAS
COUNTY OF [COUNTY NAME]

BEFORE ME, the undersigned authority, on this day personally appeared [PLAINTIFF FULL NAME], who being duly sworn, stated under oath that the facts set forth in the above Plaintiff's Original Petition are within their personal knowledge and are true and correct.

________________________________________
[PLAINTIFF FULL NAME]

SUBSCRIBED AND SWORN TO BEFORE ME on [DATE].

________________________________________
Notary Public, State of Texas
My Commission Expires: [DATE]

14. STATE-SPECIFIC NOTES

Visitor Classification. Texas retains the traditional common-law distinctions among invitees, licensees, and trespassers. The duty owed depends on the plaintiff's status at the time of injury.

Modified Comparative Fault (Proportionate Responsibility). Under Tex. Civ. Prac. & Rem. Code § 33.001 et seq., a plaintiff's recovery is barred if the plaintiff is more than 50% responsible. If the plaintiff is 50% or less at fault, damages are reduced by the plaintiff's percentage of responsibility.

No Specific Dollar Amounts. Tex. R. Civ. P. 47 prohibits stating a specific dollar amount for unliquidated damages in the petition. Instead, plead the applicable range of damages.

Government Property. If the defendant is a governmental unit, the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Ch. 101) applies and imposes notice requirements and damage caps.

Statute of Limitations. Two (2) years from the date of injury. Tex. Civ. Prac. & Rem. Code § 16.003.

Premises Liability vs. Negligent Activity. Texas distinguishes between claims arising from a condition of the property (premises liability) and claims arising from contemporaneous activity on the property (negligent activity). The duty of care analysis differs.

Exemplary Damages Cap. Tex. Civ. Prac. & Rem. Code § 41.008 caps exemplary damages at the greater of: (a) two times economic damages plus non-economic damages up to $750,000; or (b) $200,000.

15. SOURCES AND REFERENCES

• Tex. Civ. Prac. & Rem. Code § 33.001 et seq. — Proportionate Responsibility
• Tex. Civ. Prac. & Rem. Code § 16.003 — Statute of Limitations
• Tex. Civ. Prac. & Rem. Code § 41.003 — Exemplary Damages
• Tex. Civ. Prac. & Rem. Code Ch. 75 — Limitation of Landowners' Liability
• Tex. Civ. Prac. & Rem. Code Ch. 101 — Texas Tort Claims Act
• Tex. R. Civ. P. 47 — Claims for Relief
• State Dep't of Highways v. Payne, 838 S.W.2d 235 (Tex. 1992)