Construction Accident Complaint - Colorado

CONSTRUCTION ACCIDENT COMPLAINT — COLORADO

Before filing (remove this note from the pleading): File the completed District Court Civil (CV) Case Cover Sheet (JDF 601) with this district civil complaint, and serve the cover sheet with the initial pleading.

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Negligence
6. Count II — Premises Liability
7. Safety Facts Relevant to Negligence
8. Scaffolding Facts Relevant to Negligence
9. Count III — Third-Party Liability
10. Count IV — Product Liability
11. Damages
12. Jury Demand
13. Verification and Signature

CAPTION

IN THE DISTRICT COURT
COUNTY OF [COUNTY NAME], STATE OF COLORADO

Case No. [________________________________] Division: [____]

COMPLAINT FOR DAMAGES — CONSTRUCTION ACCIDENT

COMES NOW the injured Plaintiff, [PLAINTIFF FULL NAME], [and, if included, Spouse Plaintiff, [SPOUSE 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], Colorado [ZIP CODE], who was employed as a [JOB TITLE/TRADE] at the time of the incident described herein.

1A. [If claiming loss of consortium: Spouse Plaintiff [SPOUSE FULL NAME] is married to the injured Plaintiff and resides at [ADDRESS]. Delete this paragraph and the separate consortium claim if inapplicable.]

2. Defendant [GENERAL CONTRACTOR NAME] ("General Contractor") is a [CORPORATION/LLC/PARTNERSHIP] organized under the laws of [STATE OF INCORPORATION], doing business in Colorado, 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 Colorado, 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 arising from personal injuries occurring in the State of Colorado.

7. Venue is proper in [COUNTY NAME] County under C.R.C.P. 98(c) because [SELECT AN APPLICABLE GROUND AND STATE SUPPORTING FACTS]:

☐ The tort was committed in this County (Rule 98(c)(5)): [FACTS]
☐ A Defendant resided in this County when this action commenced (Rule 98(c)(1)): [DEFENDANT AND FACTS]
☐ Plaintiff resides in this County and a Defendant was served here (Rule 98(c)(1)): [SERVICE FACTS]

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], Colorado [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].

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

Worksite Safety Conditions

14. At the time of the accident, the following worksite conditions existed at the Project Site, as applicable:

☐ Failure to provide adequate fall protection
☐ Unsafe scaffold erection or use
☐ 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
☐ Conduct relevant to an identified, applicable construction safety standard: [STANDARD AND COVERED ACTOR]
☐ Use of scaffolding that failed to bear four times the maximum weight as required by statute
☐ Other: [DESCRIBE]

COUNT I — NEGLIGENCE

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

16. Defendant [NAME] owed Plaintiff a duty of reasonable care arising from [SPECIFIC CONTROL, UNDERTAKING, OR OTHER BASIS FOR DUTY].

17. Defendant [NAME] breached that duty by the following acts or omissions within its responsibility:

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 the identified defendant's negligence, Plaintiff suffered injuries and damages.

COUNT II — PREMISES LIABILITY

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

20. This Count proceeds under the Colorado Premises Liability Act, C.R.S. § 13-21-115. Defendant Property Owner was a landowner within § 13-21-115(7)(b) because [FACTS SHOWING POSSESSION, AUTHORIZED AGENCY, OR LEGAL RESPONSIBILITY FOR THE CONDITION OR ACTIVITY]. Plaintiff entered or remained at the Project Site as an [INVITEE / LICENSEE / TRESPASSER] because [FACTS SUPPORTING THAT STATUS].

21. The dangerous condition was [DESCRIBE CONDITION]. Under § 13-21-115(4), Defendant Property Owner is liable because [IF INVITEE: it unreasonably failed to use reasonable care to protect against a danger it knew or should have known about; for agricultural or vacant land, plead actual knowledge / IF LICENSEE: plead the applicable actual-knowledge and created-danger or warning facts / IF TRESPASSER: plead willful or deliberate causation]. State the supporting facts: [________________________________].

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

SAFETY FACTS RELEVANT TO NEGLIGENCE

23. The following facts supplement Count I only. They do not state a separate claim for damages under federal OSHA.

24. Defendant [NAME] [DESCRIBE SPECIFIC UNSAFE CONDUCT] while responsible for [IDENTIFY THE WORK OR CONDITION]. The applicable safety standard, if pleaded, is [EXACT PROVISION]; it governs [COVERED ACTOR, WORK, AND HAZARD] because [FACTS SHOWING COVERAGE].

25. The conduct described in paragraph 24 bears on the breach of the independent negligence duty alleged in paragraph 16, to the extent permitted by Colorado law. It does not automatically establish negligence or create an OSHA damages claim.

26. This conduct was a direct and proximate cause of Plaintiff's injuries as alleged in Count I.

SCAFFOLDING FACTS RELEVANT TO NEGLIGENCE

27. The following facts supplement Count I only.

28. Defendant [NAME] employed or directed [WORKER] to erect, repair, alter, or paint [STRUCTURE] and furnished or erected [SCAFFOLDING OR OTHER DEVICE]. Its role and conduct bring it within C.R.S. § 8-14-101 because [FACTS]. C.R.S. § 8-14-102(2) also specifies scaffold load capacity and a limit on people using swinging scaffolds.

29. Defendant [NAME]'s specific unsafe conduct was:

a. Failure to construct scaffolding to bear four times the maximum weight;
b. Failure to maintain scaffolding in compliance with statutory safety requirements;
c. Use of unsafe equipment after [DESCRIBE NOTICE OR OBSERVATION, IF ANY];
d. [ADDITIONAL SPECIFIC STATUTORY VIOLATIONS].

30. These facts bear on the independent negligence duty alleged in Count I, to the extent permitted by Colorado law. Section 8-14-102(1) addresses the building inspector's duty to inspect after a complaint; it does not itself make every defendant an inspector.

31. This conduct was a direct and proximate cause of Plaintiff's injuries as alleged in Count I.

COUNT III — THIRD-PARTY LIABILITY

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

33. While workers' compensation provides the exclusive remedy against an employer under C.R.S. § 8-41-104, Plaintiff retains the right to bring an action against third parties who are legally liable for Plaintiff's injuries.

34. Defendants [NAMES] are not Plaintiff's direct employer or statutory employer and are therefore subject to third-party liability.

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

COUNT IV — PRODUCT LIABILITY (IF APPLICABLE)

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

37. 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.

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

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

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

DAMAGES

41. 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 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. Other: [ADDITIONAL DAMAGES AS APPLICABLE].

OPTIONAL SEPARATE CLAIM — SPOUSE PLAINTIFF'S LOSS OF CONSORTIUM

42. Spouse Plaintiff [SPOUSE FULL NAME] incorporates the preceding allegations concerning Defendants' actionable conduct and the injured Plaintiff's resulting injuries.

43. Spouse Plaintiff was married to the injured Plaintiff when the injury occurred. Because of that injury, Spouse Plaintiff lost [DESCRIBE AFFECTION, SOCIETY, COMPANIONSHIP, AID, COMFORT, OR HOUSEHOLD SERVICES].

44. Spouse Plaintiff seeks damages for the separate loss of consortium proven at trial.

JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable under C.R.C.P. 38. File and serve the demand and pay the requisite jury fee at the same time; failure to make the timely demand and payment waives the right under Rule 38(e).

PRAYER FOR RELIEF

WHEREFORE, the injured Plaintiff [and Spouse Plaintiff on the optional consortium claim] respectfully requests that this Court enter judgment in the applicable Plaintiff's favor and against Defendants for:

a. Economic damages in an amount to be determined at trial;
b. Non-economic 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], Colorado [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Colorado Attorney Registration No. [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES — COLORADO

Modified Comparative Fault (50% Bar): C.R.S. § 13-21-111 bars recovery when plaintiff's negligence is equal to or greater than defendant's.

Noneconomic-Damages Limit: For a qualifying claim, C.R.S. § 13-21-102.5(3)(a)(II) sets $1,500,000 for an action filed 1/1/2025-12/31/2025 or a claim accruing on/after 1/1/2025, subject to its separate health-care and wrongful-death regimes, derivative-loss proof rule, and uncapped physical-impairment/disfigurement category. The first adjustment is scheduled for 1/1/2028.

Workers' Compensation Exclusivity: C.R.S. § 8-41-104 provides the exclusive remedy against employers. Third-party suits against non-employer parties are permitted.

Scaffolding Safety: C.R.S. § 8-14-101 addresses persons employing or directing building workers who furnish or erect scaffolding; § 8-14-102(1) directs municipal building inspectors to investigate complaints, while § 8-14-102(2) sets scaffold load and swinging-scaffold limits.

Statute of Limitations: Two (2) years for personal injury. C.R.S. § 13-80-102(1)(a).

Exemplary Damages: Do not include an exemplary-damages claim in this initial claim for relief. C.R.S. § 13-21-102(1.5)(a) permits the court to allow an amendment after the exchange of initial disclosures and prima facie proof of a triable issue.

Safety Standards: Identify the actual covered actor and applicable worksite standard before relying on a regulation. Federal OSHA does not expand or reduce existing state-law rights, duties, or liabilities. 29 U.S.C. § 653(b)(4).

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