Sample Trip and Fall Complaint

{LAW FIRM NAME}
{Address}
{City}, {State} {ZIP}
{Telephone:}
{Facsimile: }

{Lawyer Name (Bar No.)}
Email: {}

Attorney for Plaintiff

In the Superior Court of the state of Arizona
In and for the County of Maricopa

Plaintiff, by and through counsel undersigned, and for [his/her] Complaint against Defendants, alleges as follows:

PARTIES, JURISDICTION AND VENUE

1. Plaintiff __________ is and was a resident of Maricopa County, Arizona at all relevant times.
2. Defendant [parent name of retail/business establishment] is now, and at all times relevant was, a [corporation or other business organization] organized and existing under the laws of the State of Arizona, with its place of business in Maricopa County, Arizona.
3. Defendant [parent name of retail establishment] owns, operates and does business as “[name of retail/business establishment]” located at _____________________, _________, Arizona, and is in the business of [describe type of business] selling to public.
4. At all material times, Defendant includes and included any and all parents, subsidiaries, affiliates, divisions, franchises, partners, joint ventures, and organization units of any kind, predecessors, successors and assigns and their officers, directors, employees, agents, representatives and any and all other persons acting on their behalf.
5. At all material times, each of the Defendant was the agent and employee of every other Defendant in doing the events described and was at all times acting within the purpose and scope of such agency and employment and are vicariously liable under the theory of respondeat superior for the actions and inactions of their employees and contractors.
6. Defendants John Does and Jane Does 1-10, ABC Corporations 1-10, Limited Liability Companies and/or partnerships 1-10 are persons and entities whose true identities are unknown to Plaintiff, who together with named Defendants contributed to causing Plaintiff’s injuries and damages. Plaintiff will amend [his/her] Complaint when the true names of those Defendants become known.
7. Jurisdiction and venue are proper as the events giving rise to Plaintiff’s Complaint occurred in Maricopa County, Arizona and the amount in controversy exceeds the minimal jurisdictional requirements of this Court.
8. The amount of Plaintiff’s damages qualifies this matter as a Tier [1, 2 or 3] case in accordance with Rule 8(b)(2) of the Arizona Rules of Civil Procedure.

GENERAL ALLEGATIONS

9. Plaintiff incorporates by reference all prior allegations contained in this Complaint.
10. On or about _____________, at approximately _____, Plaintiff, a patron of the Defendant’s [restaurant/business establishment], tripped [on/over] a __________________ and fell to the ground.

NEGLIGENCE

11. Plaintiff incorporates by reference all prior allegations contained in this Complaint.
12. Defendant, as owners and operators of the [restaurant/business establishment], either through itself or its agents or employees, negligently failed to maintain a reasonably safe premises by allowing an unreasonably dangerous condition to exist.
13. Defendant, as owners and operators of the [restaurant/business establishment], either through itself or its agents or employees, further failed to warn or otherwise exercise due care with respect to the matters alleged in this Complaint.
14. As a direct and proximate result of the negligence of Defendants or through its agents and employees, Plaintiff, a patron, tripped and fell, while in the Defendant’s [restaurant/business establishment].
15. As a further direct and proximate result of the negligence of Defendants, its agents or employees, Plaintiff sustained serious injuries and damages.

DEMAND FOR JURY TRIAL

16. Plaintiff demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests that the Court enter judgment against Defendant as follows:

1. For Plaintiff’s general and special damages;
2. For Plaintiff’s costs incurred in pursuing these claims;
3. For pre- and post-judgment interest to the extent provided by law;
4. For such further relief as the Court deems just and fair.

DATED this ____ day of _____________, _____.