Complaint - Strict Liability, Negligence
Complaint - Strict Liability, Negligence
Complaint - Strict Liability, Negligence
[PLAINTIFF],
Plaintiff,
v.
[DEFENDANT],
a foreign corporation,
Defendant.
__________________________________/
COMPLAINT
INTRODUCTION
1. This action seeks damages and injunctive relief to redress Defendant’s sale of
defective [PRODUCT].
THE PARTIES
years.
4. This Court has jurisdiction over this action because this complaint seeks
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5. Venue is proper in this county because: (i) the conduct from which this
cause of action arises occurred in this county; and (ii) Defendant transacts business here.
SUBSTANTIVE ALLEGATIONS
manufacturing, distributing, and selling defective [PRODUCT] which caused injury and
damages to Plaintiff.
[COUNTRY].
9. The [PRODUCT] contains a defect that is present in the [PRODUCT] at the time
of manufacture.
10. Defendant has placed the manufacturer on notice of the defects, but has failed to
recall the [PRODUCT] or otherwise warn consumers or provide them with any remedy.
12. While and after [USING PRODUCT], Plaintiff suffered pain and discomfort,
including [DESCRIBE PLAINTIFF’S INJURIES], and such pain and discomfort continue to this
day.
COUNT I
(STRICT LIABILITY)
13. Plaintiff repeats the allegations set forth above in paragraphs 1 through 12 as if set
14. Defendant, at all times material to this action, designed, manufactured, distributed
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and/or sold the [PRODUCT] and placed such product into the market.
16. The defective [PRODUCT] reached Plaintiff without substantial change in the
condition in which the products were designed, manufactured, distributed, and/or sold by
Defendant.
17. Defendant owed a duty of care to Plaintiff to manufacture, distribute and sell
[PRODUCTS] that were free from defects and fit for their intended purposes.
18. Defendant breached this duty to Plaintiff by failing to sell [PRODUCTS] that
were free from defects and unfit for their intended purposes.
19. Plaintiff used the [PRODUCT] in the manner that was intended and expected by
Defendant.
20. The defect in the [PRODUCT] was the direct and proximate cause of the injury
Defendant.
COUNT II
(NEGLIGENCE)
21. Plaintiff repeats the allegations set forth above in paragraphs 1 through 12 as if set
and/or sell [PRODUCTS] that were safe and to warn Plaintiff of any defects in the
[PRODUCT].
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distributing and/or selling [PRODUCTS] that were defective, and by failing to warn
negligence and such other relief this Court deems just and proper.
DATED: [DATE]
Respectfully submitted,