STATE COURT COMPLAINT – PERSONAL INJURY

Ohio Court of Common Pleas – Negligence Action
(Draft Template – For Attorney Use and Customization)

[// GUIDANCE: This template is designed for use in any Ohio Court of Common Pleas. Confirm and adapt to local court rules (e-filing requirements, font/spacing mandates, page limits, judge-specific preferences, etc.) before filing.]

TABLE OF CONTENTS

1. Caption & Parties Identification
2. Preliminary Allegations
   2.1 Jurisdiction & Venue
   2.2 Parties
   2.3 Factual Background
3. Cause of Action – Negligence
   3.1 Duty
   3.2 Breach
   3.3 Causation & Proximate Cause
   3.4 Damages
4. Claims for Damages
   4.1 Economic Damages
   4.2 Noneconomic Damages (O.R.C. § 2315.18)
   4.3 Punitive Damages (O.R.C. § 2315.21)
5. Comparative Fault & Joint Liability Allegations (O.R.C. §§ 2315.33, 2307.22)
6. Prayer for Relief
7. Jury Demand
8. Verification
9. Certificate of Service

1. CAPTION & PARTIES IDENTIFICATION

IN THE COURT OF COMMON PLEAS
[COUNTY] COUNTY, OHIO

Plaintiff, by and through undersigned counsel, for his/her Complaint against Defendant, alleges and states as follows:

2. PRELIMINARY ALLEGATIONS

2.1 Jurisdiction & Venue

1. This Court has subject-matter jurisdiction pursuant to Ohio Const. art. IV, § 4(B) and Ohio Rev. Code [“O.R.C.”] § 2305.01.
2. Venue is proper in [County] County under Civ.R. 3(B) because:
   a. Defendant resides in, has its principal place of business in, or conducted activity giving rise to the claim in this county; and/or
   b. The tortious conduct and resulting injuries occurred in this county.

2.2 Parties

3. Plaintiff [FULL NAME] (“Plaintiff”) is a resident of [County], Ohio, residing at [ADDRESS].
4. Defendant [FULL NAME] (“Defendant”) is a [corporation/LLC/individual] with its principal place of business at [ADDRESS], authorized to do business in Ohio and transacting business in this county.

2.3 Factual Background

5. On or about [DATE] (the “Incident Date”), Plaintiff was lawfully present at [LOCATION] (the “Premises”).
6. Defendant owned, operated, managed, and/or controlled the Premises and owed visitors, including Plaintiff, a duty of ordinary care.
7. [FACTUAL DETAILS OF INCIDENT – e.g., “While walking in Aisle 3, Plaintiff slipped on a puddle of liquid that had been on the floor for a prolonged period without warning signs or cleanup.”]
8. As a direct and proximate result, Plaintiff sustained serious bodily injuries, including but not limited to [SPECIFY], incurring medical expenses, lost wages, pain, suffering, and other damages described herein.

[// GUIDANCE: Insert concise, fact-specific allegations sufficient to meet Civ.R. 8(A). Attach photographs, incident reports, or medical summaries as exhibits if beneficial and permitted.]

3. CAUSE OF ACTION – NEGLIGENCE

3.1 Duty

9. Defendant owed Plaintiff a duty to exercise ordinary and reasonable care in the ownership, operation, inspection, maintenance, and repair of the Premises so as to keep it in a reasonably safe condition for invitees.

3.2 Breach

10. Defendant breached that duty by, inter alia:
    a. Failing to inspect and/or maintain the Premises;
    b. Failing to remedy or warn of the hazardous condition; and
    c. Violating applicable laws, regulations, and industry safety standards.

3.3 Causation & Proximate Cause

11. Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and losses.

3.4 Damages

12. As a result of Defendant’s negligence, Plaintiff suffered damages described in Section 4 below.

4. CLAIMS FOR DAMAGES

[// GUIDANCE: Ohio law imposes statutory caps on certain damages; draft prayer consistent with O.R.C. § 2315.18 (noneconomic) and § 2315.21 (punitive).]

4.1 Economic Damages

13. Plaintiff seeks full compensation for past and future medical expenses, lost earnings, loss of earning capacity, and other pecuniary losses, in an amount to be proven at trial.

4.2 Noneconomic Damages – O.R.C. § 2315.18

14. Plaintiff seeks noneconomic damages (pain, suffering, emotional distress, loss of enjoyment of life) pursuant to O.R.C. § 2315.18, subject to the statutory cap of the greater of $250,000 or three times economic damages, not to exceed $350,000 per Plaintiff or $500,000 per occurrence, unless a statutory exception applies.

4.3 Punitive Damages – O.R.C. § 2315.21

15. Plaintiff reserves the right to seek punitive damages, capped at two times the amount of compensatory damages, upon establishing by clear and convincing evidence that Defendant acted with malice or aggravated/conscious disregard for the rights and safety of others.

5. COMPARATIVE FAULT & JOINT LIABILITY ALLEGATIONS

16. Pursuant to O.R.C. § 2315.33, Plaintiff’s recovery, if any, shall be diminished only by the percentage of negligence attributable to Plaintiff, and Plaintiff is barred from recovery only if more than fifty percent (50%) at fault.
17. Under O.R.C. § 2307.22, any Defendant found to be more than fifty percent (50%) negligent shall be jointly and severally liable for economic damages; otherwise, liability shall be several only, and Defendant(s) shall bear responsibility solely for their proportionate share of Plaintiff’s damages.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in Plaintiff’s favor and against Defendant as follows:

A. Economic damages in excess of $25,000, in an amount to be determined at trial;
B. Noneconomic damages as permitted by O.R.C. § 2315.18;
C. Punitive damages as permitted by O.R.C. § 2315.21;
D. Pre- and post-judgment interest as allowed by law;
E. Costs of suit, including reasonable attorney fees pursuant to any applicable statute or rule;
F. Such other and further relief as this Court deems just and proper.

7. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable as of right under Ohio law and Civ.R. 38.

8. VERIFICATION

I, [PLAINTIFF NAME], verify under penalty of perjury that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

Date: ___ _____
[PLAINTIFF NAME]

[// GUIDANCE: Ohio Civ.R. 11 does not require a party verification, but many judges prefer it. Remove if unnecessary.]

9. CERTIFICATE OF SERVICE

I certify that on the _ day of _, 20__, a true and accurate copy of the foregoing Complaint was served upon:

[DEFENSE COUNSEL NAME]
[FIRM NAME]
[ADDRESS]
[VIA: certified mail / personal service / electronic service per local rules]

[ATTORNEY NAME] (Bar # [_])
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

[// GUIDANCE: Confirm permissible service methods in Civ.R. 4.1 et seq. and local practice.]

END OF TEMPLATE

[// GUIDANCE:
1. Review local scheduling orders or standing pre-trial orders that may require an Affidavit of Merit (e.g., medical malpractice) or mandatory disclosures.
2. Insert any additional claims (e.g., negligence per se, premises liability, products liability) as warranted by facts.
3. Evaluate potential governmental immunity issues if Defendant is a political subdivision (see O.R.C. Chapter 2744).
4. Confirm damage numbers comply with current statutory caps; update annually for inflation adjustments if enacted.
5. Preserve all electronic evidence (spoliation letter) and consider attaching a litigation-hold notice to Defendant.]