SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [COUNTY]
[PLAINTIFF NAME], an individual,
Plaintiff,
v.
[DEFENDANT NAME], a [BUSINESS ENTITY TYPE] organized under the laws of [STATE] and doing business in Arizona,
Defendant.
Case No. ____
COMPLAINT (Personal Injury – Negligence)
[JURY TRIAL DEMANDED]
[TIER ___ DISCOVERY]
[NOT SUBJECT / SUBJECT] TO COMPULSORY ARBITRATION
[// GUIDANCE: Insert the Clerk’s case number once assigned. Select the appropriate discovery Tier per Ariz. R. Civ. P. 26.2(c). Counties differ on monetary thresholds for compulsory arbitration (Ariz. R. Civ. P. 72–77); confirm local rules.]
TABLE OF CONTENTS
- Parties .......................................................................................................................... 2
- Jurisdiction and Venue ......................................................................................... 2
- Factual Allegations ................................................................................................. 3
- Counts
4.1 Count I – Negligence ....................................................................................... 5
4.2 Count II – Negligence Per Se (optional) ...................................................... 6 - Damages .................................................................................................................. 7
- Reservation of Comparative Fault and Joint Liability Issues ........................ 8
- Prayer for Relief ...................................................................................................... 8
- Jury Demand ........................................................................................................... 9
- Certification re Compulsory Arbitration ............................................................ 9
- Verification .......................................................................................................... 10
- Signature Block ................................................................................................... 10
1. PARTIES
1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is and was at all relevant times a resident of [COUNTY], Arizona.
1.2 Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/etc.] duly organized under the laws of [STATE] with its principal place of business at [ADDRESS] and was, at all relevant times, conducting business or activities in [COUNTY], Arizona.
1.3 At all relevant times, Defendant owed duties of reasonable care to persons, including Plaintiff, lawfully present at [LOCATION/PROPERTY/ROADWAY].
2. JURISDICTION AND VENUE
2.1 This Court has subject-matter jurisdiction pursuant to Ariz. Const. art. 6, § 14 and A.R.S. § 12-123 because the amount in controversy exceeds the jurisdictional minimum of the Justice Courts.
2.2 Venue is proper in this Court under A.R.S. § 12-401(1) because the events giving rise to these claims occurred in [COUNTY], Arizona, and/or Defendant resides or does business in this County.
2.3 This action is timely filed within the applicable two-year statute of limitations for personal injury claims. See Ariz. Rev. Stat. Ann. § 12-542(1) (2023).
3. FACTUAL ALLEGATIONS
3.1 On or about [DATE], Plaintiff was lawfully [describe activity – e.g., driving eastbound on Main Street / shopping at Defendant’s premises / etc.].
3.2 At that time and place, Defendant, by and through its agents, employees, or representatives acting within the course and scope of their employment, negligently [describe conduct – e.g., failed to stop at a red light / failed to maintain the premises in a reasonably safe condition / violated safety statute X, etc.].
3.3 Defendant’s negligent acts and omissions include, without limitation:
a. Failure to exercise reasonable care under the circumstances;
b. Violation of [specific safety statute or ordinance, if applicable];
c. Failure to warn of or correct dangerous conditions;
d. Failure to train and supervise employees; and
e. Any additional acts of negligence revealed through discovery.
3.4 As a direct and proximate result of Defendant’s negligence, Plaintiff suffered severe bodily injuries, incurred medical expenses, experienced pain and suffering, lost wages, lost earning capacity, property damage [if applicable], and will incur future damages in amounts to be proven at trial.
3.5 Plaintiff complied with all conditions precedent to the bringing of this action.
4. COUNTS
4.1 Count I – Negligence
4.1.1 Plaintiff realleges and incorporates by reference ¶¶ 1.1–3.5 as though fully set forth herein.
4.1.2 Defendant owed Plaintiff a duty to exercise reasonable care in [operation of a motor vehicle / maintaining its premises / etc.].
4.1.3 Defendant breached that duty through the negligent acts and omissions described above.
4.1.4 Defendant’s breach was the actual and proximate cause of Plaintiff’s injuries and damages.
4.1.5 Plaintiff is therefore entitled to recover compensatory damages in an amount to be determined by the trier of fact.
4.2 Count II – Negligence Per Se (Optional)
[Include if Defendant violated a specific statute or ordinance enacted for public safety.]
4.2.1 [Name of statute/ordinance] imposes a duty for the protection of persons such as Plaintiff.
4.2.2 Defendant violated the statute/ordinance by [describe violation].
4.2.3 Under Arizona law, violation of such a statute constitutes negligence per se.
4.2.4 Plaintiff suffered damages as a direct and proximate result of that statutory violation.
5. DAMAGES
5.1 Pursuant to Ariz. Const. art. 18, § 6, there is no statutory or constitutional cap on damages for personal injury in Arizona.
5.2 Plaintiff seeks all categories of damages allowed by Arizona law, including but not limited to:
a. Past and future medical expenses;
b. Past and future lost wages and loss of earning capacity;
c. Past and future physical pain and mental anguish;
d. Loss of enjoyment of life;
e. Property damage (if applicable);
f. Pre- and post-judgment interest as allowed by law;
g. Taxable costs and reasonable attorney fees where authorized; and
h. Punitive damages for Defendant’s conscious disregard of the rights and safety of others, if warranted.
6. RESERVATION OF COMPARATIVE FAULT & JOINT LIABILITY ISSUES
6.1 Arizona follows a pure comparative fault regime. See Ariz. Rev. Stat. Ann. § 12-2505 (2023).
6.2 Pursuant to Ariz. Rev. Stat. Ann. § 12-2506 (2023), each Defendant is severally liable only for the percentage of fault allocated to that Defendant, except under circumstances enumerated in the statute.
6.3 Plaintiff expressly denies any comparative negligence but, pursuant to A.R.S. § 12-2505, any damages awarded to Plaintiff shall be reduced only by any percentage of fault, if any, attributable to Plaintiff as determined by the trier of fact.
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that judgment be entered in Plaintiff’s favor and against Defendant as follows:
A. For compensatory damages in a fair and reasonable amount proven at trial;
B. For punitive damages, if the evidence so warrants;
C. For pre- and post-judgment interest as allowed by law;
D. For Plaintiff’s taxable costs and, where authorized, reasonable attorney fees; and
E. For all other and further relief the Court deems just and proper.
8. JURY DEMAND
Plaintiff demands a trial by jury on all issues so triable as a matter of right pursuant to Ariz. Const. art. 2, § 23, Ariz. R. Civ. P. 38, and relevant Arizona law.
9. CERTIFICATION REGARDING COMPULSORY ARBITRATION
The undersigned certifies that, based on information presently known, the amount in controversy [exceeds / does not exceed] the jurisdictional limit for compulsory arbitration in [COUNTY] pursuant to Ariz. R. Civ. P. 72–77 and applicable local rules.
10. VERIFICATION
[OPTIONAL – include if required by local practice or to support punitive-damage allegations]
I, [PLAINTIFF NAME], being first duly sworn, depose and state that I have read the foregoing Complaint and that the statements made herein are true and correct to the best of my knowledge, information, and belief.
[PLAINTIFF NAME]
Subscribed and sworn to before me this ___ day of [MONTH], 20__.
Notary Public
My Commission Expires: ____
11. SIGNATURE BLOCK
DATED this ___ day of [MONTH], 20__.
Respectfully submitted,
[LAW FIRM NAME]
By: _________
[ATTORNEY NAME]
[AZ BAR NO.]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff
[// GUIDANCE:
1. Insert all bracketed placeholders.
2. Review county-specific local rules for font, page limits, required coversheets, and electronic filing protocols.
3. If a governmental entity is a defendant, serve a Notice of Claim within 180 days per A.R.S. § 12-821.01 before filing suit.
4. Consider adding a separate punitive-damages claim and Rule 26.2 initial disclosure statement.
5. Confirm admissibility of any expert-related allegations under Ariz. R. Evid. 702 and Rule 26(b)(4).]