Legal Definitions - statement of claim

A statement of claim is a formal legal document that officially begins a civil lawsuit. It is filed with the court by the plaintiff (the individual or entity bringing the lawsuit) against the defendant (the individual or entity being sued).

This crucial initial pleading sets out the plaintiff's version of the facts, explains the legal basis for their complaint, and specifies the remedies or damages they are seeking from the defendant. Essentially, it clearly articulates what the plaintiff is claiming and why they believe they are entitled to it, providing the foundation for the entire legal proceeding.

Here are a few examples illustrating how a statement of claim is used:

• Breach of Contract: Imagine a small business owner who hired a web design company to create a new e-commerce site, with a clear contract outlining the deliverables and deadlines. The company failed to deliver the website on time, and the site, when finally launched, was riddled with errors, causing the business to lose sales. The business owner would file a statement of claim against the web design company. This document would detail the terms of the contract, the company's failure to meet its obligations, the specific financial losses incurred by the business due to the delay and faulty work, and request compensation for these damages.

• Personal Injury from Negligence: Consider a situation where a pedestrian is seriously injured after slipping on a wet, unmarked floor in a grocery store. The store management had failed to put up "wet floor" signs or clean the spill promptly. The injured pedestrian would file a statement of claim against the grocery store. This document would describe the incident, allege the store's negligence in maintaining a safe environment, detail the nature and extent of the pedestrian's injuries, list medical expenses, lost income, and pain and suffering, and seek financial compensation for these losses.

• Property Dispute: Suppose two neighbors have a long-standing disagreement over the exact boundary line between their properties. One neighbor decides to build a new fence that the other neighbor believes encroaches significantly onto their land, preventing them from accessing a portion of their garden. The neighbor whose land is allegedly encroached upon would file a statement of claim against the other neighbor. This document would present evidence of the correct property line (e.g., official survey reports), describe the encroachment, explain how it interferes with their property rights and use, and request the court to order the removal of the fence and potentially award damages for the trespass.