Premises Liability Complaint - Wisconsin

PREMISES LIABILITY COMPLAINT — WISCONSIN

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
   8A. Count III — Punitive Damages (Optional)

9. Comparative Fault

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

CAPTION

STATE OF WISCONSIN
CIRCUIT COURT
[COUNTY] COUNTY

PARTIES

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

1A. [ADDITIONAL CLAIMANT NAME], [RELATIONSHIP TO PLAINTIFF], joins as a Plaintiff to assert the derivative claim in paragraph 24A, if applicable.

1B. At commencement, [NAME] held a [SUBROGATED / ASSIGNED] claim arising from Plaintiff's injuries and is joined as [ROLE] under Wis. Stat. § 803.03(2)(a). [OR: No person held such a claim at commencement; omit the optional party line above.]

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, Wisconsin [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 Wis. Stat. § 753.03, as this is a civil action within the original jurisdiction of the Circuit Court.

5. Venue is proper in [COUNTY] County pursuant to Wis. Stat. § 801.50, as the cause of action arose in this county.

5A. If Defendant is a governmental body or an official, agent, or employee acting in that capacity: Plaintiff served written notice of the circumstances of the claim within 120 days after the event under Wis. Stat. § 893.80(1d)(a), or Defendant had actual notice and the delay caused no prejudice. Plaintiff also presented an itemized claim with Plaintiff's address to the appropriate clerk or secretary; that claim was disallowed under § 893.80(1d)(b). State the dates and supporting facts: [DETAILS].

FACTUAL ALLEGATIONS

6. On or about [DATE OF INCIDENT], Plaintiff was lawfully present on the Premises located at [PROPERTY ADDRESS], [CITY], Wisconsin, 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 lawful entrant on the Premises.

8. While on the Premises, Plaintiff [DESCRIBE THE INCIDENT, e.g., slipped and fell on a wet floor, tripped over a damaged section of flooring, was struck 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 had existed for [DURATION OR DESCRIPTION OF TIME PERIOD], which was sufficient time for Defendant, in the exercise of ordinary 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 hazard existed for a sufficient length of time that Defendant, in the exercise of ordinary care, should have discovered and remedied 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 duty of ordinary care under the circumstances to maintain the Premises in a reasonably safe condition for all lawful entrants.

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 for all lawful entrants;
    • ☐ Addressing hazardous snow or ice conditions on walkways and entrances with reasonable care.

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.

COUNT III — PUNITIVE DAMAGES (OPTIONAL)

22A. Defendant acted [MALICIOUSLY TOWARD PLAINTIFF / IN INTENTIONAL DISREGARD OF PLAINTIFF'S RIGHTS] by [SPECIFIC FACTS SUPPORTING THIS ALLEGATION]. Plaintiff seeks punitive damages under Wis. Stat. § 895.043(3), subject to subsection (6).

COMPARATIVE FAULT

23. Plaintiff was not at fault for the incident described herein, or alternatively, any fault attributable to Plaintiff was not greater than 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;
• ☐ Future medical expenses;
• ☐ Lost wages and earning capacity;
• ☐ Future lost wages and diminished earning capacity;
• ☐ Property damage;
• ☐ 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;

24A. [ADDITIONAL CLAIMANT NAME], if joined under paragraph 1A, separately seeks damages for loss of consortium arising from Plaintiff's injuries, subject to proof of the relationship and loss.

JURY DEMAND

25. Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right. Under Wis. Stat. § 805.01(2), make this demand by the first scheduling or pretrial conference, whichever occurs first, and pay the jury fee under § 814.61(4) within the period allowed for the demand; without payment, no jury may be called.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff and any joined additional Plaintiff respectfully request that this Court enter judgment 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;
   3A. Damages for any joined additional Plaintiff's proven derivative claim;

4. If Count III is pleaded against a nongovernmental Defendant, punitive damages as permitted by Wis. Stat. § 895.043(3), (6);

5. Pre-judgment and post-judgment interest as allowed by law;
6. Costs and disbursements of this action;
7. Such other and further relief as this Court deems just and proper.

Respectfully submitted,

[LAW FIRM NAME]

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

Attorney for Plaintiff(s)

Date: [__/__/____]

VERIFICATION

STATE OF WISCONSIN
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 — WISCONSIN