Complaint for Slip and Fall
Elements and definition of negligence

Negligence is either the failure to do something that an ordinarily prudent person would do under given circumstances or the doing of something that an ordinarily prudent person would not do under those circumstances. [Witkin, 6 Summary (9th), Torts, §729] Any tort based on negligence involves a violation of a legal duty, imposed by statute, contract, or otherwise, owed by the defendant to the person injured. Thus, to support a finding of negligence, a plaintiff must show that the defendant owed a duty to the plaintiff to use care, that he or she breached that duty, and that the breach was the actual and proximate cause of the resulting injury. [Nally v Grace Community Church (1988) 47 Cal 3d 278, 253 Cal Rptr 97, 763 P2d 948, cert den 490 US 1007, 104 L Ed 2d 159, 109 S Ct 1644

Liability problems
1. see facts of Alcaraz v. Vece case
2. see the actual Alcaraz case
3. see Rowland v. Christian case, and Section 1714 Civil Code which provides: "Every one is responsible, not only for the result of his willful acts"
also, "that everyone is responsible for an injury caused to another by his want of ordinary care or skill in the management of his property"
4. here is the legal principle:
This duty to maintain land in one's possession in a reasonably safe condition exists even where the dangerous condition on the land is caused by an instrumentality that the landowner does not own or control. For example, in Austin v. Riverside Portland Cement Co. (1955) 44 Cal.2d 225, 233 [282 P.2d 69], this court held that the owner of land could be held liable for failing to warn its tenant of the danger posed by use of a crane near overhead electrical lines, even though the landowner neither owned nor maintained the electrical lines

Complaint for damages by store customer who slipped on substance on floor of store

__________ [Name, office
address, telephone number
of attorney, and
state bar number if
required by local rules]
Attorney for Plaintiff

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF __________

__________ [Name], |
Plaintiff, |
Case No.
COMPLAINT FOR DAMAGES
(NEGLIGENCE)
CC section 1714(a)
___________________________________________________________

Plaintiff alleges:

1. Plaintiff, __________ [name], is an individual and is now, and at all times mentioned in this complaint was, a resident of __________ County, California.

2. (CAPACITY Allegations) Defendant __________ [store] is now, and at all times mentioned in this complaint was, a corporation organized and existing under the laws of the State of California, with its place of business in __________ County, California.

3. (DOE Allegations) Plaintiff does not know the true names of defendants DOES 1 through __, inclusive, and therefore sues them by those fictitious names. __________ [Optionally, in addition to language in charging allegations that includes fictitiously named defendants: Plaintiff is informed and believes, and on
the basis of that information and belief alleges, that each of those defendants was in some manner negligently and proximately
responsible for the events and happenings alleged in this complaint and for plaintiff's injuries and damages.]

4. (AGENCY Allegations) Plaintiff is informed and believes, and on the basis of that information and belief alleges, that at all times mentioned in this complaint, defendants were the agents and employees of their codefendants, and in doing the things alleged in this complaint were acting within the course and scope of that agency
and employment.

5. (OWNERSHIP allegations)At all times mentioned in this complaint, defendant __________ [store] and defendants DOES 1 through 50 owned and operated a __________ [grocery or as the case may be] store known as __________ [store name], located at __________ [address], __________ [city], __________ County, California. Defendants invited the general public, including plaintiff, to enter the premises of the __________ [grocery or as the case may be] store and to purchase various __________ [food or as the case may be] items from defendants.

6. (DAMAGES allegations) On __________ [date], at approximately __________ [time], __________ [describe incident, such as: plaintiff was
on the premises of defendants' grocery store for the purpose of purchasing groceries. After entering the store, plaintiff proceeded to the produce aisle when suddenly and without warning plaintiff slipped on an unknown substance and fell violently to the floor, causing plaintiff to sustain the serious injuries and damages described below].

7. (NEGLIGENCE allegations) Defendants, as owners and operators of a __________ [grocery or as the case may be] store negligently:

a. Failed to maintain the floor of the __________ [grocery or as the case may be] store in a reasonably safe condition;

b. Allowed a slippery substance to come into contact with and remain on the floor of the __________ [grocery or as the case may be] store when defendant knew, or in the exercise of reasonable care should have known, that the substance created an unreasonable risk of harm to customers in the store;

c. Failed to warn plaintiff of the danger presented by the presence of the slippery substance on the floor;

d. Failed to install a nonslip surface on the floor of the store; and

e. Failed to otherwise exercise due care with respect to the matters alleged in this complaint.

8. As a direct and proximate result of the negligence of defendants as set forth above, plaintiff slipped and fell while in the store.

9. As a further direct and proximate result of the negligence of defendants as set forth above, plaintiff sustained the following serious injuries and damages: __________ [set forth injuries and damages in detail, including medical expenses, lost wages, pain and suffering, and physical injuries].

(PRAYER allegations) WHEREFORE, plaintiff demands judgment against defendants, and each of them, for the following:

1. General damages according to proof;

2. __________ [Specify special damages, for example: Damages for medical and related expenses according to proof;

3. Damages for loss of earnings according to proof;]

4. __________ [Specify any other relief sought;]

5. Interest according to law;

6. Costs of this action; and

7. Any other and further relief that the court considers proper.

Dated __________.

______________________________
[Signature]
Attorney for Plaintiff

Ä Notes
Duties: The owner or operator of a public market is obligated to keep the floors of the market safe for those who must pass over them in the transaction of their business. Indeed, the fact that the attention of persons who visit public markets is attracted by the display of the wares offered for sale and more or less absorbed by the transactions which they have in mind would seem to increase the necessity for exercising care to ensure that the floor spaces and aisles allotted to the use of customers are made safe and kept fit for such purpose. [Neel v Mannings, Inc. (1942) 19 Cal 2d 647, 122 P2d 576; Sparks v Allen Northridge Market (1959, 2nd Dist) 176 Cal App 2d 694, 1 Cal Rptr 595]

§ 16:46 Allegation by tenant in complaint for damages against landlord based on strict liability for latent defect in premises

Ä Notes
Authority: A landlord engaged in the business of leasing dwellings is strictly liable in tort for injuries resulting from a latent defect in the premises when the defect existed at the time the premises were let to the tenant. [Becker v IRM Corp. (1985) 38 Cal 3d 454, 213 Cal Rptr 213, 698 P2d 116, 48 ALR4th 601 (involving factual pattern on which above form is based)]

--p. 59 Remove the form and Notes following the form; the California Supreme Court has abolished the doctrine of strict liability in the landlord-tenant premises liability context. [See Peterson v Superior Court (1995) 10 Cal 4th 1185, 1189, 1210, 43 Cal Rptr 2d 836]