Premises Liability Complaint

PREMISES LIABILITY COMPLAINT — VIRGINIA

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. Contributory Negligence
10. Damages
11. Jury Demand
12. Prayer for Relief

CAPTION

IN THE CIRCUIT COURT OF [COUNTY / CITY]
COMMONWEALTH OF VIRGINIA

PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] is an individual residing at [PLAINTIFF ADDRESS], [CITY], [COUNTY/CITY], Virginia [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/CITY], Virginia [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 Va. Code § 17.1-513, as this is a civil action in which the amount in controversy exceeds $25,000.

5. Venue is proper in [COUNTY/CITY] pursuant to Va. Code § 8.01-262, as the cause of action arose in this jurisdiction.

FACTUAL ALLEGATIONS

6. On or about [DATE OF INCIDENT], Plaintiff was lawfully present on the Premises located at [PROPERTY ADDRESS], [CITY], Virginia, 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 a [business invitee / licensee / social guest] on the Premises.

8. While on the Premises, Plaintiff [DESCRIBE THE INCIDENT, e.g., slipped and fell on an unmarked wet floor, tripped over a concealed defect, was struck by a falling object].

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 hidden, not open or obvious to Plaintiff, and Plaintiff had no knowledge of 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, through reasonable inspection, should have discovered 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 highest duty of care, including the duty to keep the Premises in a reasonably safe condition, to inspect for hidden dangers, and to warn of any concealed hazardous conditions.

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 hidden or latent dangerous conditions;
    - ☐ Maintaining the Premises in a reasonably safe condition for invitees;
    - ☐ Establishing and following adequate inspection 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 hidden 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.

CONTRIBUTORY NEGLIGENCE

23. Plaintiff was not guilty of any negligence that contributed to the incident or to Plaintiff's injuries. Plaintiff exercised reasonable care for Plaintiff's own safety at all times.

24. The dangerous condition was not open or obvious, and Plaintiff had no reason to anticipate the danger. Plaintiff was exercising ordinary care and attention when the incident occurred.

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;
• ☐ Loss of consortium (if applicable).

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;
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 in an amount up to $350,000 as allowed by Va. Code § 8.01-38.1;
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.
[VSB NUMBER]
[FIRM ADDRESS]
[CITY], [STATE] [ZIP CODE]
[TELEPHONE]
[EMAIL]

Attorney for Plaintiff

Date: [__/__/____]

VERIFICATION

COMMONWEALTH OF VIRGINIA
[COUNTY/CITY] OF [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 — VIRGINIA