Premises Liability by Mallory Fernandes: Pleadings

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1. This is an action for damages that (insert jurisdictional amount).
2. On ..... (date) ....., defendant was the owner and in possession of a building at .................... in ..........., Florida, that was used as a (describe use).
3. At that time and place plaintiff went on the property to (state purpose).
4. Defendant negligently maintained (describe item) on the property by (describe negligence or dangerous condition) so that plaintiff fell on the property.
5. The negligent condition was known to defendant or had existed for a sufficient length of time so that defendant should have known of it.
6. As a result plaintiff was injured in and about his/her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, and suffered physical handicap, and his/her working ability was impaired; the injuries are either permanent or continuing in nature and plaintiff will suffer the losses and impairment in the future.

ANSWER
In answer to the Complaint filed in the above-entitled action, Defendant, [name of defendant], alleges as follows:
1. Defendant, answering all the paragraphs in the unverified Complaint and by virtue of the provisions of [citation of statute], now generally denies each and every allegation contained in and the whole of it.
FIRST AFFIRMATIVE DEFENSE
2. The cause of action stated in the Complaint is barred for failure to comply with the Statute of Limitations, as contained in [citation of statute].
SECOND AFFIRMATIVE DEFENSE
3. The Complaint fails to state facts sufficient to constitute a cause of action entitling each and every Plaintiff to prejudgment interest.
THIRD AFFIRMATIVE DEFENSE
4. Each and every Plaintiff has failed to state facts sufficient to constitute a cause of action against Defendant.
FOURTH AFFIRMATIVE DEFENSE
5. At the alleged time and place in question, each and every Plaintiff so negligently and carelessly acted as to proximately cause and contribute to the happening of the accident complained of, and to whatever injury or damage, if any, each and every Plaintiff claims to have sustained from the accident.
FIFTH AFFIRMATIVE DEFENSE
6. If any Plaintiff received any injuries, and/or damages, if any, as a result of the incident complained of, then any such Plaintiff proximately caused, aggravated and/or failed to take proper action to mitigate and/or reduce the injuries if any, or damages, if any.
SIXTH AFFIRMATIVE DEFENSE
7. Defendant's liability, if any, for each and every Plaintiff's noneconomic damages is limited to Defendant's proportionate share of fault in accordance with [citation of statute].
SEVENTH AFFIRMATIVE DEFENSE
8. If it should be found that any answering party in this action is in any manner legally responsible for injuries or damages, if any, sustained by any Plaintiff, which supposition is not admitted but merely stated for the purpose of this defense, and if any such injuries or damages found to have been incurred or suffered by Plaintiffs in this action was proximately contributed to or by other Defendants or Cross-Defendants in this case, whether served or not served and/or by other persons or companies, whether made parties to this action or not, then, pursuant to [citation of statute] such liability shall be determined and prorated, and any judgment that might be rendered against any answering party shall be reduced not only by that degree of contributory negligence and/or assumption of risk found to exist as to any Plaintiff, but also as to the total of that degree of negligence and/or fault found to exist as to such other persons or companies.
EIGHTH AFFIRMATIVE DEFENSE
9. At all times relevant on and before the date of the accident alleged in this action, each and every Plaintiff had actual knowledge of the particular danger, if any there was, involved in the activities referred to in the Complaint, and knew and understood the degree of the risk involved, and is therefore barred from recovery of any damages as a matter of law.
NINTH AFFIRMATIVE DEFENSE
10. Each and every Plaintiff, having the freedom to make a choice as to what action to take, voluntarily assumed such risks, if any there was, in the activities referred to in the Complaint.
WHEREFORE, Defendant requests that Plaintiffs take nothing by reason of the Complaint and that Defendant be given judgment for costs of suit incurred and for such other and further relief as the court may deem just and proper.
Dated: [date of answer]
[Name of attorney for defendant]
Attorney for Defendant

NOTICE OF MOTION TO DISMISS COMPLAINT
To: [Name of plaintiff] and [his/her] attorney of record
PLEASE TAKE NOTICE THAT ON [date of hearing] at [time of hearing], or as soon thereafter as the matter may be heard in the above-entitled court, located at [location of court], defendant, [name of defendant], will move the Court to dismiss the complaint filed in this action on the grounds that [description of plaintiff's assumption of risk and other defensive matter], as more fully appears in the attached motion and affidavit.
The motion will be based on this notice of motion, the attached motion and memorandum of points and authorities, the affidavit of [name of affiant] filed with the motion, and the pleadings and papers filed in this action.
Dated: [date of notice]
[Name of attorney for defendant]
Attorney for Defendant