CONSTRUCTION ACCIDENT COMPLAINT — DELAWARE

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 — 16 Del. C. § 7701
9. Count V — Third-Party Liability
10. Count VI — Product Liability
11. Damages
12. Jury Demand
13. Verification and Signature

CAPTION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [COUNTY NAME] COUNTY

[PLAINTIFF FULL NAME],

Plaintiff,

v. C.A. 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], Delaware [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 Delaware, 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 Delaware, 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.

7. Venue is proper in [COUNTY NAME] County pursuant to 10 Del. C. Chapter 93 because [SELECT ONE]:

☐ The cause of action arose in this County
☐ One or more Defendants reside in 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], Delaware [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 and 16 Del. C. § 7701
☐ 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.

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 and failed to correct, remediate, or warn.

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 OSHA standards, including:

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 the applicable standard of care.

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

COUNT IV — STATUTORY VIOLATIONS — 16 DEL. C. § 7701

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

28. At all relevant times, Defendants were required to comply with 16 Del. C. § 7701, which establishes requirements for safe scaffolding construction, railings, and safety measures at construction sites.

29. Defendants failed to comply with 16 Del. C. § 7701, including:

a. Failure to construct scaffolding meeting statutory safety requirements;
b. Failure to provide required railings and safety features;
c. [ADDITIONAL SPECIFIC STATUTORY VIOLATIONS].

30. Defendants' violations of 16 Del. C. § 7701 constitute evidence of negligence.

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 19 Del. C. § 2304, Plaintiff retains the right to bring an action against third-party tortfeasors.

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

35. The workers' compensation carrier may assert subrogation/lien rights pursuant to 19 Del. C. § 2363.

36. 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)

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

38. 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.

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

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

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

DAMAGES

42. 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;
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 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. 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], Delaware [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Delaware Bar No. [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES — DELAWARE

Modified Comparative Negligence: Under 10 Del. C. § 8132, recovery is barred if the plaintiff's negligence is greater than the combined negligence of all defendants. Damages are reduced proportionately.

Workers' Compensation Exclusivity: 19 Del. C. § 2304 provides the exclusive remedy against employers. The carrier may assert subrogation/lien rights and join third-party suits (19 Del. C. § 2363). Evidence of employer negligence may be admitted for superseding/intervening cause issues. See Duphily v. Delaware Elec. Co-Op., Inc., 662 A.2d 821 (Del. 1995).

Scaffolding Safety: 16 Del. C. § 7701 contains specific requirements for scaffolding, railings, and construction safety.

Statute of Limitations: Two (2) years for personal injury. 10 Del. C. § 8119. A construction-related statute of repose also applies under 10 Del. C. § 8127.

OSHA Evidence: OSHA regulations are admissible as evidence of the standard of care. Actual OSHA citations may be excluded as prejudicial hearsay. See Duphily v. Delaware Elec. Co-Op., Inc., 662 A.2d 821 (Del. 1995).

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