Construction Accident Complaint - Hawaii

CONSTRUCTION ACCIDENT COMPLAINT — HAWAII

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. Count IV — Third-Party Liability
9. Count V — Product Liability
10. Spouse's Loss of Consortium Claim
11. Damages
12. Jury Demand
13. Verification and Signature

CAPTION

IN THE CIRCUIT COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT
STATE OF HAWAII

Civil No. [________________________________]

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], Hawaii [ZIP CODE], who was employed as a [JOB TITLE/TRADE] at the time of the incident described herein.

1A. Plaintiff [SPOUSE FULL NAME] is [PLAINTIFF FULL NAME]'s spouse and resides at [SPOUSE ADDRESS]. They were married when the injury occurred.

2. Defendant [GENERAL CONTRACTOR NAME] ("General Contractor") is a [CORPORATION/LLC/PARTNERSHIP] organized under the laws of [STATE OF INCORPORATION], doing business in Hawaii, with its principal place of business at [ADDRESS], licensed under HRS Chapter 444.

3. Defendant [SUBCONTRACTOR NAME] ("Subcontractor") is a [CORPORATION/LLC/PARTNERSHIP] organized under the laws of [STATE OF INCORPORATION], doing business in Hawaii, 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 Hawaii.

7. Venue is proper in the [FIRST / SECOND / THIRD / FIFTH] Circuit under HRS § 603-36(5) because [SELECT ONE]:

☐ The claim for relief arose in this circuit.
☐ There is one Defendant, domiciled in this circuit.
☐ There are multiple Defendants; the claim arose in [OTHER CIRCUIT], but a majority are domiciled in this circuit.

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], Hawaii [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]
☐ 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. Defendant Property Owner owed Plaintiff a duty of reasonable care based on [FACTS SHOWING CONTROL OF THE CONDITION OR OTHER BASIS FOR DUTY].

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, 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 HRS chapter 396 or 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 Hawaii law. It does not automatically establish negligence or create a damages claim under chapter 396 or federal OSHA.

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

COUNT IV — THIRD-PARTY LIABILITY

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

28. HRS § 386-5 generally makes workers' compensation the exclusive work-injury remedy against the employer, subject to its stated exceptions. Under HRS § 386-8, an injured employee may also pursue a person other than the employer or a covered fellow employee when that person is legally liable for the injury. This count concerns [IDENTIFY NON-EMPLOYER DEFENDANT AND BASIS OF LIABILITY].

29. Defendants [NAMES] are [STATE FACTS SHOWING THEY ARE THIRD PERSONS WITH A LEGAL DUTY TO PLAINTIFF] and are alleged to be liable for [DESCRIBE CONDUCT].

30. 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)

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

32. Defendant Manufacturer designed, manufactured, distributed, and/or sold the [DESCRIPTION OF EQUIPMENT/PRODUCT] that was in use at the Project Site.

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

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

35. As a direct and proximate result, Plaintiff suffered severe injuries and damages.

SPOUSE'S LOSS OF CONSORTIUM CLAIM (IF APPLICABLE)

35A. Plaintiff [SPOUSE FULL NAME] incorporates the factual allegations and the applicable underlying liability count(s).

35B. Because of the injury to [PLAINTIFF FULL NAME], [SPOUSE FULL NAME] lost [DESCRIBE COMPANIONSHIP, AID, COMFORT, OR OTHER MARITAL BENEFITS].

35C. [SPOUSE FULL NAME] seeks fair compensation for that loss according to proof.

DAMAGES

36. 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. Punitive Damages: Defendants intended harm, recklessly disregarded a substantial risk of harm, or otherwise acted outrageously or maliciously, warranting punitive damages upon the clear-and-convincing proof required by Guieb v. Guieb, 571 P.3d 382 (Haw. 2025);
f. 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.

h. Damages for [SPOUSE FULL NAME]'s loss of consortium according to proof.

VERIFICATION AND SIGNATURE

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

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

STATE-SPECIFIC NOTES — HAWAII

Modified Comparative Negligence: In a negligence action within HRS § 663-31, recovery is barred only if the plaintiff's negligence is greater than the negligence of the defendant or, when recovery is sought against more than one person, the aggregate negligence of those persons. Any allowed damages are reduced proportionally.

Pain-and-Suffering Limit: HRS § 663-8.7 limits physical pain and suffering, as defined in § 663-8.5(b), to $375,000 when it applies. Other noneconomic losses under § 663-8.5(a) are outside that limit. The limit does not apply to the tort categories listed in § 663-10.9(2); check the particular claim before applying it.

Workers' Compensation / Third-Party Actions: HRS § 386-8 permits injured employees to both claim workers' compensation and pursue third-party actions. Employer/insurer has subrogation and reimbursement rights.

Safety Standards: HRS § 396-6(a) addresses employers' duties to their employees. Before relying on a safety standard, identify the covered employer, work, and hazard. Federal OSHA does not expand or reduce state-law rights, duties, or liabilities. 29 U.S.C. § 653(b)(4).

Construction Design Professional Liability: HRS § 386-8.5(c) limits liability for an employer’s construction-site safety failures unless the design professional assumed responsibility for safety compliance by contract or conduct. It does not shield negligent preparation of design plans or specifications.

Statute of Limitations: HRS § 657-7 generally requires an action seeking compensation for injury to a person or property within two (2) years after accrual, subject to § 657-13. Determine accrual and any claim- or defendant-specific rule.

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

Key Case Law: Moranz v. Harbor Mall, LLC (Haw. 2022); Alvarado v. Kiewit Pacific Co., 92 Haw. 515 (2000).

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