IN THE [____] JUDICIAL CIRCUIT COURT

[____] COUNTY, SOUTH DAKOTA

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

CIV. NO. [____]
COMPLAINT—PREMISES LIABILITY (SLIP AND FALL)
JURY TRIAL DEMANDED

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdiction, Venue & Governing Law
4. Parties
5. Notice & Administrative Prerequisites
6. General Allegations
7. Operative Provisions / Causes of Action
   • Count I – Premises Liability (Negligence)
8. Comparative Fault Allegations (SD “Slight/Gross” Rule)
9. Damages
10. Prayer for Relief
11. Jury Demand
12. Verification & Certification
13. Signature / Execution Block

1. DOCUMENT HEADER

1.1 Effective Filing Date. This Complaint is filed as of [DATE OF FILING] in accordance with the South Dakota Rules of Civil Procedure (“SDRCivP”).
1.2 Jurisdiction. This action arises under South Dakota common and statutory premises-liability law and seeks monetary damages exceeding the jurisdictional minimum of this Court.
1.3 Forum Selection. Pursuant to SDCL § 15-5-1 et seq. and the parties’ residence/occurrence in [____] County, venue is proper in this Court.

2. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below.

“Incident” means the slip-and-fall event that occurred on [DATE OF INCIDENT] at [PREMISES ADDRESS].
“Premises” means the real property, structures, walkways, and appurtenances owned, leased, or controlled by Defendant at the location of the Incident.
“Plaintiff” and “Defendant” collectively, the “Parties.”

[// GUIDANCE: Add or delete defined terms as needed to align with the factual scenario.]

3. JURISDICTION, VENUE & GOVERNING LAW

3.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction under SDCL § 16-6-9 because the amount in controversy exceeds the statutory threshold for circuit courts.
3.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction because it is domiciled in, does business in, and/or committed tortious acts within South Dakota.
3.3 Venue. Venue is proper in [____] County under SDCL § 15-5-6 as the county where the cause of action arose.
3.4 Governing Law. South Dakota substantive law, including SDCL § 20-9-2 (comparative negligence), governs this action.

4. PARTIES

4.1 Plaintiff. [PLAINTIFF NAME] is an individual resident of [CITY], [COUNTY], South Dakota.
4.2 Defendant. [DEFENDANT NAME] is a [corporation/LLC/individual] with its principal place of business at [ADDRESS] and at all relevant times owned, leased, operated, or controlled the Premises.

5. NOTICE & ADMINISTRATIVE PREREQUISITES

5.1 Private-Premises Claims. No statutory pre-suit notice is required.
5.2 Governmental-Entity Claims (If Applicable). Plaintiff has satisfied all notice requirements applicable to claims against governmental entities, including timely written notice of claim within the period required by South Dakota law.
[// GUIDANCE: Delete ¶5.2 if Defendant is not a governmental entity. Substitute accurate statutory deadlines where certain.]

6. GENERAL ALLEGATIONS

6.1 Ownership/Control. Defendant owned, leased, and/or controlled the Premises on the date of the Incident.
6.2 Condition of Premises. A dangerous condition—specifically, [describe condition, e.g., an accumulation of ice and snow on the sidewalk]—existed on the Premises.
6.3 Knowledge. (a) Defendant knew or, in the exercise of reasonable care, should have known of the dangerous condition; and (b) said condition had existed for a sufficient period to permit remedial action.
6.4 Plaintiff’s Status. Plaintiff was an invitee lawfully on the Premises for [purpose, e.g., shopping].
6.5 Incident. On [DATE], Plaintiff slipped, lost balance, and fell due to the dangerous condition, suffering serious bodily injuries.
6.6 Injuries. As a direct and proximate result, Plaintiff sustained injuries to [body parts], incurred medical expenses, lost wages, experienced pain and suffering, and will continue to incur such damages.

7. OPERATIVE PROVISIONS / CAUSES OF ACTION

COUNT I – PREMISES LIABILITY (NEGLIGENCE)

7.1 Duty. Defendant owed Plaintiff a duty to exercise reasonable care to maintain the Premises in a safe condition and to warn of latent dangers.
7.2 Breach. Defendant breached its duty by:
 (a) Failing to inspect, maintain, and/or remedy the dangerous condition;
 (b) Failing to warn invitees, including Plaintiff, of said condition; and
 (c) Otherwise acting with negligence and disregard for the safety of lawful visitors.
7.3 Causation. Defendant’s breach was the proximate cause of Plaintiff’s injuries.
7.4 Damages. Plaintiff incorporates Paragraph 8 (Damages) as though fully set forth here.

8. COMPARATIVE FAULT ALLEGATIONS

8.1 Plaintiff’s Negligence, If Any, Is “Slight.” Pursuant to SDCL § 20-9-2, if the trier of fact finds Plaintiff negligent, such negligence was at most slight in comparison with Defendant’s negligence.
8.2 Effect on Damages. Plaintiff’s recovery, if reduced, shall be reduced only in proportion to any percentage of slight contributory negligence so attributed.

9. DAMAGES

9.1 Economic Damages. Past and future medical expenses, rehabilitation costs, lost wages, and loss of earning capacity in an amount to be proven at trial.
9.2 Non-Economic Damages. Past and future pain, suffering, mental anguish, loss of enjoyment of life.
9.3 Punitive Damages. To the extent allowed by South Dakota law and upon leave of Court, Plaintiff reserves the right to seek punitive damages for Defendant’s willful, wanton, or reckless misconduct.
9.4 Damage Caps. Plaintiff asserts damages subject to any applicable statutory caps under South Dakota law.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
a. Compensatory damages in an amount to be determined by the jury;
b. Pre- and post-judgment interest as allowed by law;
c. Costs of this action, including reasonable attorney fees where authorized;
d. Such other and further relief, whether legal or equitable, as the Court deems just and proper.

11. JURY DEMAND

Pursuant to SD Const. art. VI § 6 and SDRCivP 38, Plaintiff demands a trial by jury on all issues so triable.

12. VERIFICATION & CERTIFICATION

I, [PLAINTIFF NAME], being first duly sworn, depose and say that I have read the foregoing Complaint and know the contents thereof; that the same is true of my own knowledge except as to matters therein stated on information and belief, and as to those matters I believe them to be true.

[// GUIDANCE: Add attorney Rule 11 certification if required by local rules.]

13. SIGNATURE / EXECUTION BLOCK

Respectfully submitted this ___ day of ____, 20__.

[LAW FIRM NAME]
[Address]
[City, State ZIP]
Telephone: [_]
Facsimile: [_]

By: ______
[ATTORNEY NAME], Esq.
Attorney for Plaintiff
SD Bar No. [__]
[// GUIDANCE: Notaries are not typically required for pleadings in SD circuit courts. Add if local practice dictates.]

OPTIONAL ATTACHMENTS

• Exhibit A – Photographs of dangerous condition
• Exhibit B – Medical records summary
• Exhibit C – Notice of Claim (if governmental defendant)

[// GUIDANCE: Attachments should be separately tabbed and labeled when filed.]

END OF TEMPLATE