CONSTRUCTION ACCIDENT COMPLAINT — ALABAMA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Negligence
6. Count II — Premises Liability
7. Count III — OSHA Violations as Evidence of Negligence
8. Count IV — Third-Party Liability
9. Count V — Product Liability
10. Damages
11. Jury Demand
12. Verification and Signature

CAPTION

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, ALABAMA

[PLAINTIFF FULL NAME],

Plaintiff,

v. Civil Action No. [________________________________]

[GENERAL CONTRACTOR NAME],
[SUBCONTRACTOR NAME],
[PROPERTY OWNER NAME],
[EQUIPMENT MANUFACTURER NAME] (if applicable),

Defendants.

COMPLAINT FOR DAMAGES — CONSTRUCTION ACCIDENT

COMES NOW the Plaintiff, [PLAINTIFF FULL NAME], by and through undersigned counsel, and for this Complaint against the Defendants states as follows:

PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] is an individual residing at [PLAINTIFF ADDRESS], [CITY], Alabama [ZIP CODE], who was employed as a [JOB TITLE/TRADE] at the time of the incident described herein.

2. Defendant [GENERAL CONTRACTOR NAME] ("General Contractor") is a [CORPORATION/LLC/PARTNERSHIP] organized under the laws of [STATE OF INCORPORATION], doing business in Alabama, with its principal place of business at [ADDRESS].

3. Defendant [SUBCONTRACTOR NAME] ("Subcontractor") is a [CORPORATION/LLC/PARTNERSHIP] organized under the laws of [STATE OF INCORPORATION], doing business in Alabama, with its principal place of business at [ADDRESS].

4. Defendant [PROPERTY OWNER NAME] ("Property Owner") is [AN INDIVIDUAL RESIDING AT / A CORPORATION WITH ITS PRINCIPAL PLACE OF BUSINESS AT] [ADDRESS].

5. Defendant [EQUIPMENT MANUFACTURER NAME] ("Manufacturer") is a [CORPORATION/LLC/PARTNERSHIP] organized under the laws of [STATE OF INCORPORATION], with its principal place of business at [ADDRESS].

JURISDICTION AND VENUE

6. This Court has subject matter jurisdiction over this action as it involves claims for damages in excess of the jurisdictional minimum of this Court.

7. Venue is proper in [COUNTY NAME] County pursuant to Ala. Code § 6-3-7 because [SELECT ONE]:

☐ A substantial part of the events giving rise to this action occurred in this County
☐ Defendant [NAME] maintains its principal office in this County
☐ Plaintiff resided in this County at the time of the incident and Defendant(s) do business in this County by agent

FACTUAL ALLEGATIONS

8. At all times relevant hereto, Defendant General Contractor was engaged as the general contractor for a construction project located at [PROJECT ADDRESS], [CITY], Alabama [ZIP CODE] (the "Project Site").

9. At all times relevant hereto, Defendant Property Owner owned, controlled, and/or maintained the Project Site.

10. At all times relevant hereto, Defendant Subcontractor was engaged by the General Contractor to perform [DESCRIPTION OF SUBCONTRACTED WORK] at the Project Site.

11. Plaintiff was employed by [PLAINTIFF'S EMPLOYER NAME] as a [JOB TITLE/TRADE] and was assigned to work at the Project Site.

12. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was performing [DESCRIPTION OF WORK ACTIVITY] at the Project Site when [DETAILED DESCRIPTION OF ACCIDENT, e.g., a scaffold collapsed, Plaintiff fell from an elevated work surface, was struck by falling materials, etc.].

13. As a direct and proximate result of the accident, Plaintiff sustained severe and permanent injuries including but not limited to [DESCRIPTION OF INJURIES].

Safety Violations

14. At the time of the accident, the following safety violations existed at the Project Site:

☐ Failure to provide adequate fall protection
☐ Failure to erect proper scaffolding in compliance with OSHA standards
☐ Failure to provide proper safety equipment and/or personal protective equipment
☐ Failure to adequately train workers on safety procedures
☐ Failure to conduct safety inspections
☐ Failure to maintain equipment in safe working condition
☐ Failure to comply with applicable OSHA regulations (29 CFR 1926)
☐ Other: [DESCRIBE]

COUNT I — NEGLIGENCE

15. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

16. Defendants owed a duty of reasonable care to Plaintiff to maintain the Project Site in a reasonably safe condition and to conduct construction operations with due care for the safety of workers on the site.

17. Defendants breached their duty of care by:

a. Failing to implement and enforce adequate safety measures;
b. Failing to provide proper fall protection and safety equipment;
c. Failing to inspect and maintain the worksite;
d. Failing to warn of known hazards;
e. Failing to supervise construction work in a safe manner;
f. [ADDITIONAL SPECIFIC ACTS OF NEGLIGENCE].

18. As a direct and proximate result of Defendants' negligence, Plaintiff suffered severe injuries and damages.

COUNT II — PREMISES LIABILITY

19. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

20. Defendant Property Owner, at all relevant times, owned, controlled, and/or maintained the Project Site and owed a duty to maintain the premises in a reasonably safe condition pursuant to Ala. Code § 6-5-410.

21. Defendant Property Owner knew or should have known of the dangerous conditions existing on the Project Site and failed to correct, remediate, or warn of such conditions.

22. As a direct and proximate result of Defendant Property Owner's breach of duty, Plaintiff suffered severe injuries and damages.

COUNT III — OSHA VIOLATIONS AS EVIDENCE OF NEGLIGENCE

23. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

24. At all relevant times, Defendants were required to comply with applicable occupational safety and health standards, including but not limited to:

a. 29 CFR § 1926.451 (Scaffolding);
b. 29 CFR § 1926.501 (Fall Protection);
c. 29 CFR § 1926.502 (Fall Protection Systems);
d. 29 CFR § 1926.20 (General Safety and Health Provisions);
e. [ADDITIONAL APPLICABLE OSHA STANDARDS].

25. Defendants violated the above-referenced OSHA standards, which constitutes evidence of negligence and breach of their duty of care owed to Plaintiff.

26. As a direct and proximate result of Defendants' violations of applicable OSHA standards, Plaintiff suffered severe injuries and damages.

COUNT IV — THIRD-PARTY LIABILITY

27. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

28. Pursuant to Ala. Code § 25-5-11, while workers' compensation provides the exclusive remedy against an employer, Plaintiff retains the right to bring an action against third parties who are jointly liable for Plaintiff's injuries.

29. Defendants [GENERAL CONTRACTOR NAME], [SUBCONTRACTOR NAME], and [PROPERTY OWNER NAME] are not Plaintiff's direct employer and are therefore subject to third-party liability for their negligent acts and/or omissions.

30. Defendants had a duty, independent of Plaintiff's employer, to ensure the safety of the Project Site and all workers thereon.

31. As a direct and proximate result of these Defendants' negligent acts and/or omissions, Plaintiff suffered severe injuries and damages.

COUNT V — PRODUCT LIABILITY (IF APPLICABLE)

32. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

33. Defendant Manufacturer designed, manufactured, distributed, and/or sold the [DESCRIPTION OF EQUIPMENT/PRODUCT] that was in use at the Project Site at the time of Plaintiff's accident.

34. The [PRODUCT] was defective in its [DESIGN / MANUFACTURE / MARKETING (FAILURE TO WARN)] and was unreasonably dangerous for its intended use.

35. The defect in the [PRODUCT] was a proximate cause of Plaintiff's injuries.

36. At the time of the accident, the [PRODUCT] was being used in a manner reasonably foreseeable by the Manufacturer.

37. As a direct and proximate result of the defective [PRODUCT], Plaintiff suffered severe injuries and damages.

DAMAGES

38. As a direct and proximate result of Defendants' acts and/or omissions, Plaintiff has suffered and continues to suffer the following damages:

a. Medical Expenses: Past and future medical expenses including hospitalization, surgeries, rehabilitation, and ongoing treatment in an amount to be proven at trial;
b. Lost Wages: Past and future lost wages and loss of earning capacity in an amount to be proven at trial;
c. Pain and Suffering: Physical pain and mental anguish, past and future;
d. Disability: Permanent disability and/or disfigurement;
e. Loss of Consortium: [SPOUSE'S NAME] has been deprived of the companionship, society, and consortium of Plaintiff;
f. Punitive Damages: Defendants' conduct was so willful, wanton, or reckless as to warrant the imposition of punitive damages pursuant to Ala. Code § 6-11-20;
g. Other: [ADDITIONAL DAMAGES AS APPLICABLE].

JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendants, jointly and severally, for:

a. Compensatory damages in an amount to be determined at trial;
b. Punitive damages as allowed by law;
c. Pre-judgment and post-judgment interest;
d. Costs of this action;
e. Attorney's fees as allowed by law;
f. Such other and further relief as this Court deems just and proper.

VERIFICATION AND SIGNATURE

Respectfully submitted this [____] day of [__________], [________].

[________________________________]
[ATTORNEY NAME], Esq.
[FIRM NAME]
[ADDRESS]
[CITY], Alabama [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Alabama State Bar No. [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES — ALABAMA

Contributory Negligence: Alabama is one of the few remaining jurisdictions that follows the contributory negligence rule. Any fault attributable to the plaintiff is a COMPLETE BAR to recovery. See Golden v. McCurry, 392 So. 2d 815 (Ala. 1980).

Workers' Compensation Exclusivity: Ala. Code Title 25, Chapter 5 provides that workers' compensation is the exclusive remedy against the employer. However, Ala. Code § 25-5-11 permits actions against third parties jointly liable for the injury.

Statute of Limitations: Two (2) years from the date of injury. Ala. Code § 6-2-38.

Punitive Damages Cap: Ala. Code § 6-11-21 caps punitive damages at the greater of three times compensatory damages or $1,500,000.

OSHA Evidence: OSHA standards are admissible as evidence of negligence but do not establish negligence per se. Renfro v. Georgia Power Co. (Ala. 1992).

Scaffolding/Elevation: Alabama has no specific scaffolding or elevation liability statute comparable to NY Labor Law § 240.

This template is provided for informational purposes only and does not constitute legal advice. It should be reviewed and customized by a licensed Alabama attorney before filing. All statutory citations should be verified for current applicability.