Premises Liability Complaint - Utah

PREMISES LIABILITY COMPLAINT — UTAH

Before you use this: This complaint pleads an invitee's injury from a dangerous condition. Adapt the visitor-status and duty allegations if the plaintiff was a licensee or another type of visitor. Select the damages tier carefully: Rule 8(a) limits recovery above a pleaded Tier 1 or Tier 2 ceiling unless the pleading is amended.

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 [JUDICIAL DISTRICT] DISTRICT COURT
IN AND FOR [COUNTY] COUNTY, STATE OF UTAH

PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] is an individual residing at [PLAINTIFF ADDRESS], [CITY], [COUNTY] County, Utah [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, Utah [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 Utah Code § 78A-5-102, as this is a civil action within the original jurisdiction of the District Court.

5. Venue is proper in [COUNTY] County pursuant to Utah Code § 78B-3a-201(1)(a), subject to any applicable statutory exception, because the cause of action arose in this county.

FACTUAL ALLEGATIONS

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

7. At the time of the incident, Plaintiff was an invitee on the Premises because Defendant held the Premises open to the public or for a purpose directly or indirectly connected to Defendant's business: [STATE FACTS].

8. While on the Premises, Plaintiff [DESCRIBE THE INCIDENT, e.g., slipped and fell on an icy walkway, tripped over a broken floor tile, was injured by a defective handrail].

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 presented an unreasonable risk of harm. Defendant knew or should have known of the condition and its risk because [STATE FACTS, INCLUDING THE CONDITION'S DURATION IF RELYING ON CONSTRUCTIVE NOTICE].

12. [IF SUPPORTED: Defendant had actual notice of the dangerous condition because [DESCRIBE BASIS FOR ACTUAL NOTICE, e.g., the condition was reported or employees were aware].]

13. [IF SUPPORTED: Alternatively, Defendant should have known of the condition and its unreasonable risk because [DESCRIBE INSPECTION, DURATION, OR OTHER FACTS SUPPORTING NOTICE].]

14. Defendant knew or should have known that Plaintiff would not discover the condition or would fail to protect against it because [STATE FACTS]. Despite that knowledge or reason to know, Defendant failed to repair, remedy, guard, barricade, or adequately warn of the condition.

DUTY OF CARE

15. As the [OWNER / OPERATOR / CONTROLLER] of the Premises, Defendant owed Plaintiff, an invitee, reasonable care to discover the pleaded condition and to repair, replace, or adequately warn about it, under the circumstances alleged above.

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 of dangerous conditions that could not be immediately remedied;
    • ☐ Maintaining the Premises in a reasonably safe condition;
    • ☐ Implementing reasonable inspection and maintenance schedules.

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;
    • ☐ [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. Alternatively, any fault attributable to Plaintiff was less than the combined fault of Defendant, any other defendants, immune persons, and nonparties to whom fault is allocated under Utah Code § 78B-5-818(2).

DAMAGES

Plaintiff does not plead a specific total damages amount and pleads that the damages qualify for the selected tier under Utah R. Civ. P. 8(a) and 26(c)(3): ☐ Tier 1 ($50,000 or less); ☐ Tier 2 (more than $50,000 and less than $300,000); ☐ Tier 3 ($300,000 or more). Select one tier before filing.

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;
• ☐ Other damages supported by the facts and applicable law: [DESCRIBE].

JURY DEMAND

25. Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right. Plaintiff will pay the statutory jury fee and serve and file this demand as Utah R. Civ. P. 38(b) and (d) require.

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. Pre-judgment and post-judgment interest as allowed by law;
5. Costs of suit, including filing fees and service costs;
6. 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 UTAH
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 — UTAH