Premises Liability Complaint - Wyoming

PREMISES LIABILITY COMPLAINT — WYOMING

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

PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] is an individual residing at [PLAINTIFF ADDRESS], [CITY], [COUNTY] County, Wyoming [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, Wyoming [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. Plaintiff seeks more than $50,000 in recovery, exclusive of court costs, based on [IDENTIFY SUPPORTED LOSSES AND AMOUNTS]. The prayer below exceeds the limit of the circuit court's exclusive original civil jurisdiction under Wyo. Stat. § 5-9-128(a)(i). Confirm the amount in good faith before filing in district court; a claim at or below that limit belongs in circuit court.

5. Venue is proper in [COUNTY] County pursuant to Wyo. Stat. § 1-5-109, 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], Wyoming, for the purpose of [PURPOSE OF VISIT, e.g., shopping, conducting business, visiting as a guest].

7. Plaintiff's purpose for entering, relationship to Defendant, and the circumstances bearing on any duty of care were [SPECIFIC FACTS].

8. While on the Premises, Plaintiff [DESCRIBE THE INCIDENT, e.g., slipped and fell on an icy walkway, tripped over a defective step, 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 condition arose or persisted as follows: [HOW CREATED, DURATION, AND SUPPORTING FACTS].

12. Defendant created or aggravated the condition by [SPECIFIC ACTS AND FACTS], or had actual notice because [FACTS / NOT ALLEGED].

13. Alternatively, Defendant had constructive notice because [DURATION, INSPECTION OPPORTUNITY, AND SPECIFIC FACTS / NOT ALLEGED].

14. Defendant failed to [REPAIR / REMEDY / GUARD / BARRICADE / WARN], despite [THE FACTS SUPPORTING DUTY AND NOTICE].

DUTY OF CARE

15. Based on Defendant's control of the Premises and the circumstances alleged above, Defendant owed Plaintiff a duty of reasonable care concerning [SPECIFIC HAZARD AND BASIS].

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 under the circumstances alleged;
    • ☐ Addressing a snow or ice hazard Defendant created or aggravated, or a specific applicable ordinance required Defendant to address, based on [FACTS AND ORDINANCE, IF ANY].

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, or alternatively, any fault attributable to Plaintiff was not greater than the combined fault of all other persons contributing to the injury.

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 exceeding $50,000, exclusive of court costs, 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: [__/__/____]

OPTIONAL VERIFICATION — USE ONLY WHEN REQUIRED FOR THIS FILING

STATE OF WYOMING
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 — WYOMING