PREMISES LIABILITY COMPLAINT — WEST 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. Comparative Fault
10. Damages
11. Jury Demand
12. Prayer for Relief

CAPTION

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA

PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] is an individual residing at [PLAINTIFF ADDRESS], [CITY], [COUNTY] County, West 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] County, West 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 W. Va. Const. Art. VIII, § 6, and WV Code § 51-2-2, as this is a civil action within the original jurisdiction of the Circuit Court.

5. Venue is proper in [COUNTY] County pursuant to WV Code § 56-1-1, as 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], West 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 lawful entrant on the Premises, specifically a [business visitor / social guest / tenant].

8. While on the Premises, Plaintiff [DESCRIBE THE INCIDENT, e.g., slipped and fell on a wet floor, tripped over a concealed defect, was injured 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 not open, obvious, or reasonably apparent to Plaintiff.

12. Defendant had actual notice of the dangerous condition because [DESCRIBE BASIS FOR ACTUAL NOTICE].

13. Alternatively, Defendant had constructive knowledge of the hazardous condition because the condition existed for a sufficient period that Defendant, in the exercise of reasonable care, should have discovered and remedied it.

14. Plaintiff lacked knowledge of the dangerous condition and was unable to discover it through the exercise of reasonable care.

15. 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

16. As the owner, operator, and/or controller of the Premises, Defendant owed Plaintiff a duty of reasonable care under the circumstances, including the duty to maintain the Premises in a reasonably safe condition and to warn of or correct hazardous conditions not open and obvious to entrants.

17. 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 non-obvious dangerous conditions;
    - ☐ Maintaining the Premises in a reasonably safe condition;
    - ☐ Implementing reasonable inspection and maintenance protocols.

COUNT I — NEGLIGENCE / PREMISES LIABILITY

18. Plaintiff incorporates all preceding paragraphs as though fully set forth herein.

19. 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].

20. As a direct and proximate result of Defendant's negligence, Plaintiff suffered the injuries and damages described herein.

COUNT II — NEGLIGENT MAINTENANCE

21. Plaintiff incorporates all preceding paragraphs as though fully set forth herein.

22. Defendant negligently maintained the Premises by [DESCRIBE SPECIFIC MAINTENANCE FAILURES].

23. Defendant's negligent maintenance of the Premises was a direct and proximate cause of Plaintiff's injuries and damages.

COMPARATIVE FAULT

24. Plaintiff was not at fault for the incident described herein, or alternatively, any fault attributable to Plaintiff was less than fifty percent (50%) of the total fault.

DAMAGES

25. 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

26. 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 sufficient to punish and deter Defendant's conduct;
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.
[WVSB ID NUMBER]
[FIRM ADDRESS]
[CITY], [STATE] [ZIP CODE]
[TELEPHONE]
[EMAIL]

Attorney for Plaintiff

Date: [__/__/____]

VERIFICATION

STATE OF WEST VIRGINIA
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 — WEST VIRGINIA