Circuit Court of the ____ Judicial Circuit

In and For ____ County, Florida

[PLAINTIFF NAME],
  Plaintiff,
v.
[DEFENDANT NAME],
  Defendant.

Case No.: _
Division: _

COMPLAINT AND DEMAND FOR JURY TRIAL

(Premises Liability – Slip and Fall)

[// GUIDANCE: This template is drafted for a business-premises slip-and-fall occurring in Florida. Tailor the facts, parties, and counts as needed. If governmental entities are involved, insert sovereign-immunity notices per Fla. Stat. § 768.28.]

1. Preliminary Allegations

1. This is an action for damages that exceed $50,000.00, exclusive of interest, costs, and attorney’s fees, thereby invoking the subject-matter jurisdiction of this Court pursuant to article V, § 5 of the Florida Constitution and Fla. Stat. § 34.01.
2. All conditions precedent to the filing of this action have occurred, been performed, or have been waived.
3. Pursuant to Florida’s pure comparative-fault regime, Fla. Stat. § 768.81, any negligence attributable to Plaintiff, if established, merely reduces—rather than bars—recovery.

2. Parties

4. Plaintiff [FULL LEGAL NAME] (“Plaintiff”) is a natural person, sui juris, and a resident of _ County, Florida.
5. Defendant [LEGAL NAME OF PREMISES OWNER/OPERATOR] (“Defendant”) is a [corporation/LLC/individual] authorized to conduct, and conducting, substantial business in _ County, Florida. Defendant owned, leased, occupied, operated, managed, or otherwise controlled the premises located at [PREMISES ADDRESS] (“Premises”).

3. Jurisdiction and Venue

6. Venue is proper in this Court under Fla. Stat. § 47.051 because the cause of action arose in this County and/or Defendant maintains its principal place of business in this County.
7. This Court possesses personal jurisdiction over Defendant pursuant to Fla. Stat. § 48.193, as Defendant transacts business, commits tortious acts, and/or owns, uses, or possesses real property in Florida.

4. Definitions

[// GUIDANCE: Optional definitions aid clarity in complex pleadings. Delete if unnecessary.]

“Hazardous Condition” – A transitory foreign substance, liquid, object, or other dangerous condition on the floor or walking surface of the Premises that poses a foreseeable risk of harm.

5. General Factual Allegations

8. On or about [DATE], Plaintiff lawfully entered the Premises as an [invitee/licensee] for the purpose of _.
9. While traversing the [LOCATION WITHIN PREMISES], Plaintiff encountered a Hazardous Condition consisting of _ (“Hazard”).
10. The Hazard was not open and obvious to Plaintiff and lacked any warnings, barricades, or remedial measures.
11. As a direct and proximate result of the Hazard, Plaintiff slipped, fell, and sustained severe bodily injuries including but not limited to ____.
12. At all material times, Defendant, through its agents and employees, had actual or constructive knowledge of the Hazard and failed to take reasonable steps to correct or warn of it. Constructive knowledge is established pursuant to Fla. Stat. § 768.0755(1) because:
  a. The Hazard existed for such a length of time that, in the exercise of ordinary care, Defendant should have known of the condition; and/or
  b. The Hazard occurred with regularity and was therefore foreseeable.

6. Count I – Negligence (Premises Liability) Against Defendant

13. Plaintiff realleges paragraphs 1 through 12 as if fully set forth herein.
14. Defendant owed Plaintiff, an [invitee/licensee], a duty to maintain the Premises in a reasonably safe condition and to warn of dangers of which Defendant knew or should have known.
15. Defendant breached that duty by:
  a. Failing to inspect and/or maintain the area where the Hazard existed;
  b. Failing to correct the Hazard despite actual or constructive knowledge;
  c. Failing to provide adequate warnings, signage, or barriers; and
  d. Failing to establish or enforce reasonable safety and cleaning protocols.
16. Defendant’s breach was the legal and proximate cause of Plaintiff’s fall and resultant injuries.
17. Plaintiff has suffered and will continue to suffer:
  a. Past and future medical expenses;
  b. Lost wages and loss of earning capacity;
  c. Pain and suffering, mental anguish, and loss of enjoyment of life;
  d. Other damages recoverable under Florida law.

7. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendant for:
A. Compensatory damages in an amount to be determined by the trier of fact;
B. Pre- and post-judgment interest as allowed by law;
C. Taxable costs pursuant to Fla. R. Civ. P. 1.420 and applicable statutes;
D. Reasonable attorney’s fees where recoverable by contract or statute; and
E. Such further relief as the Court deems just and proper.

8. Demand for Jury Trial

Plaintiff demands trial by jury on all issues so triable as a matter of right.

9. Reservation and Preservation of Evidence

18. Plaintiff hereby requests Defendant to preserve all evidence—including but not limited to surveillance footage, maintenance logs, inspection records, and incident reports—relating to the occurrence described herein.

10. Certificate of Service

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by [e-portal/e-mail/hand delivery] to _ on this ___ day of _, 20__.

Respectfully submitted,

text
LAW FIRM NAME
Counsel for Plaintiff
[Street Address]
[City, State ZIP]
Telephone: () -_
Facsimile: () -_
Primary E-Mail: _
Secondary E-Mail: _

By: _____
[ATTORNEY NAME], Esq.
Florida Bar No. ____

[// GUIDANCE:
1. Comparative Fault – No longer an affirmative pleading requirement, but paragraph 3 anticipates Fla. Stat. § 768.81.
2. If statutory pre-suit notice is required (e.g., governmental defendants), insert allegations and attach exhibits.
3. For injuries after 3/24/2023, consider the modified negligence bar for greater than 50% fault (Fla. Stat. § 768.81(6)). Adjust paragraph 3 if applicable.
4. Verify current jurisdictional thresholds (as of July 1, 2023, county courts handle claims ≤ $50,000).
5. Add additional counts (e.g., Negligent Mode of Operation) where factually supported. ]