CONSTRUCTION ACCIDENT COMPLAINT — COLORADO

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 — Statutory Violations — C.R.S. § 8-14-102
9. Count V — Third-Party Liability
10. Count VI — Product Liability
11. Damages
12. Jury Demand
13. Verification and Signature

CAPTION

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

[PLAINTIFF FULL NAME],

Plaintiff,

v. Case No. [________________________________]
Division: [____]

[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], Colorado [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 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 pursuant to C.R.S. § 13-1-123.5 and C.R.C.P. 98 because [SELECT ONE]:

☐ The tort occurred in this County
☐ One or more Defendants reside in this County
☐ Defendants transact business within this County

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].

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 and C.R.S. § 8-14-102
☐ 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)
☐ 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. 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 all workers.

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.

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.

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

COUNT IV — STATUTORY VIOLATIONS — C.R.S. § 8-14-102

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

28. At all relevant times, C.R.S. § 8-14-102 required that scaffolding used at the Project Site be constructed to bear four times the maximum weight and imposed specific safety requirements for scaffolding construction, including limitations on swinging scaffolding to no more than four workers at once.

29. Defendants failed to comply with C.R.S. § 8-14-102, including:

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 subject to inspection and prohibition;
d. [ADDITIONAL SPECIFIC STATUTORY VIOLATIONS].

30. Defendants' violation of C.R.S. § 8-14-102 constitutes evidence of negligence and breach of their duty of care.

31. As a direct and proximate result of Defendants' statutory violations, Plaintiff suffered severe injuries and damages.

COUNT V — 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 VI — 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. Loss of Consortium: [SPOUSE'S NAME] has been deprived of the companionship, society, and consortium of Plaintiff;
f. Punitive Damages: Defendants' conduct was so reckless, willful, or wanton as to warrant the imposition of punitive damages;
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 for:

a. Economic damages in an amount to be determined at trial;
b. Non-economic damages as allowed by law;
c. Punitive damages as allowed by law;
d. Pre-judgment and post-judgment interest;
e. Costs of this action;
f. Attorney's fees as allowed by law;
g. 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.

Non-Economic Damages Cap: C.R.S. § 13-21-102.5 caps non-economic damages. For actions filed on or after January 1, 2025, the cap is $1,500,000 (with inflation adjustments per 2024 amendments).

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. § 8-14-102 requires scaffolding to bear four times the maximum weight and limits swinging scaffolding to four workers. Building inspectors may inspect and prohibit unsafe equipment.

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

OSHA Evidence: OSHA violations are admissible as evidence of negligence but not negligence per se. See Canape v. Petersen, 897 P.2d 762 (Colo. 1995).

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.