Premises Liability: Draft / Form Complaint: Defective Deck

The page includes a form Ohio Complaint for a case involving the failure to maintain a deck railing resulting in the Plaintiff falling and becoming seriously injured. The draft includes some of the possible causes of action that may be available in such a case as well as lays out the format to draft the Complaint. Independent research should be done for each case and the law should be analyzed for its timeliness.

COURT OF COMMON PLEAS
HAMILTON COUNTY, OHIO

Plaintiff,
vs.

Defendants

Case No.:

COMPLAINT FOR DAMAGES AND DECLARATORY JUDGMENT

Upon information and belief and by and through counsel, Plaintiff alleges and states as follows:

STATEMENT OF FACTS

1. At all relevant times, Plaintiff was a resident of________________________.
2. At all relevant times, Defendants were residents of__________________________.
3. At all relevant times, Defendants (jointly and severally) owned and/or leased and/or maintained the premises commonly known ______________________.
4. This premises included three separate rental apartments, which Defendants owned and/or leased and/or maintained for the purpose of renting and investing for profit.
5. These premises also included a back deck that was open to and/or used by all tenants.
6. The tenants, tenants’ children, and tenants’ family members, guests, and invitees used the deck for recreation and to enter and exit the apartment.
7. Defendants retained and assumed responsibility to maintain and repair the deck in a reasonably safe and habitable condition in compliance with local and state building codes.
8. Throughout_____________, the railing on the second floor of the deck, approximately 20 feet from the ground, was defective and required repair.
9. Defendants were actually or constructively notified of the need to repair the deck and railing.
10. Despite the notice, Defendants failed to adequately repair the defective condition.
11. Defendants also failed to provide lighting in the hallways leading onto the deck or on the deck.
12. Finally, Defendants intentionally and recklessly removed locks from tenants’ doors.
13. On or about_____________________, Plaintiff was a lessee, and/or occupier, and/or tenant, and/or otherwise an “invitee” and legally on the premises___________________.
14. On or about ___________________,as a direct and proximate result of Defendants’ failure to maintain and/or repair the deck in a safe and reasonable manner, Plaintiff fell from the second floor of the deck and suffered permanent injuries to his head, neck, back, hips, arms, legs, and was otherwise injured.
15. Plaintiff has been hospitalized, underwent several operations, and attended rehabilitation services. Plaintiff will continue to treat indefinitely into the future.
16. Plaintiff has incurred medical expenses estimated in excess of $100,000.00, and will incur additional medical expenses undetermined at this time.

FIRST CLAIM FOR RELIEF: DEFENDANTS NEGLIGENTLY MAINTAINED THE PREMISES

17. Plaintiff reasserts and re-alleges each and every allegation contained in Paragraphs 1 through 16 and further states:
18. Defendants owed a duty to Plaintiff to maintain the deck and other common areas in a safe and habitable condition.
19. Defendants were negligent in maintaining the common areas in a safe and habitable condition in, one or more, of the following manners:

1. Removing locks from tenants’ doors;
2. Failing to hire a contractor to inspect the deck and railing;
3. Inspecting the deck and railing;
4. Repairing and/or failing to repair a dangerous condition on the deck;
5. Hiring and/or failing to hire a contractor to repair the deck and railing;
6. Providing and/or failing to provide proper lighting on and around the deck area;
7. Permitting a nuisance and/or dangerous and unsafe condition to exist on the premises knowing, or under the circumstances should have known, such a condition was likely to cause injuries to invitees to the premises, including the Plaintiff;
8. And, was otherwise, negligent.

20. As a direct result of Defendants’ negligence, Plaintiff fell from the deck and sustained the injuries discussed above.
21. All of Plaintiff’s injuries were directly and proximately caused by Defendants’ negligence.

SECOND CLAIM FOR RELIEF: DEFENDANTS WERE NEGLIGENT PER SE IN FAILING TO COMPLY WITH R.C. 5321.04

22. Plaintiff reasserts and re-alleges each and every allegation contained in Paragraphs 1 through 21 and further states:
23. Defendants failed to maintain the premises in a “reasonably safe condition” as defined by R.C. 5321.04 and breached the following statutory duties:

1. Failed to comply with the requirements of all applicable building, housing health and safety codes which materially affect health and safety;
2. Failed to make all repairs and to do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition;
3. Failed to keep all common areas of the premises in a safe condition;

24. Defendants received actual or constructive notice and/or tenants made reasonable, but unsuccessful attempts to notify the landlord.
25. Defendants’ acts and/or failures to act, in accordance with this duty, are negligence as a matter of law.
26. As a direct result of Defendants’ negligence, Plaintiff fell from the deck and sustained the injuries discussed above.
27. All of Plaintiff’s injuries were directly and proximately caused by Defendants’ negligence.

THIRD CLAIM FOR RELIEF:DEFENDANTS NEGLIGENTLY UNDERTOOK THE DUTY TO REPAIR

28. Plaintiff reasserts and re-alleges each and every allegation contained in Paragraphs 1 through 27 and further states:
29. Defendants undertook a duty to repair the deck;
30. Defendants negligently undertook this duty by one of more of the following ways:

1. Made the condition more dangerous;
2. Failing to repair the dangerous condition;
3. Was otherwise negligent.

31. As a direct and proximate result of Defendants’ negligence, Plaintiff fell from the deck and sustained severe and permanent injuries as discussed above.
32. All of Plaintiff’s injuries were caused by Defendants’ negligence.

FOURTH CLAIM FOR RELIEF: DEFENDANT BREACHED A COVENANT TO REPAIR

33. Plaintiff reasserts and re-alleges each and every allegation contained in Paragraphs 1 through 32 and further states:
34. Defendant had actual notice of the defective conditions on the property and covenanted to repair the deck area;
35. Tenants’ family members, guests, and invitees were third party beneficiaries of this covenant, and Landlord owed a duty to all other persons legally on the premises, including Plaintiff.
36. Defendant breached the covenant in one or more of the following ways:

1. Negligently permitting a nuisance and/or dangerous and unsafe condition to exist on the premises knowing, or under the circumstances should have known, that such a condition was likely to cause injuries to invitees to the premises, including the Plaintiff;
2. Negligently repairing and/or failing to repair the deck;
3. And otherwise breached the covenant

37. As a direct and proximate result of the breach, Plaintiff sustained permanent physical and neurological injury as discussed above.
38. All of Plaintiff’s injuries were caused by Defendants’ breach of the covenant.

FIFTH CLAIM FOR RELIEF: DEFENDANTS ARE JOINTLY AND SEVERALLY LIABLE

39. Plaintiff reasserts and re-alleges each and every allegation contained in Paragraph 1 through 38 and further states:
40. Defendants operated as a general partnership during the course of managing the property.
41. As such each Defendant assumed liability for the acts of the other performed in the course and scope of the partnership.
42. As a direct and proximate cause of Defendants’ combined negligence and breach of contract, Plaintiff has suffered severe and permanent injury as discussed above.
43. Defendants are jointly and severally liable for the damages caused by their joint conduct.
44. All of Plaintiff’s injuries were caused by Defendants joint and several conduct.

WHEREFORE, Plaintiff prays for the following relief against Defendants jointly and severally:

1. Judgment against Defendants in excess of $25,000.00 as compensatory damages for Plaintiff;
2. Judgment against Defendants for punitive damages;
3. Attorney fees;
4. The costs of this litigation;
5. Prejudgment and post-judgment interest on all the above; and
6. All other relief that the Court deems just and equitable.