Construction Accident Complaint - Illinois

CONSTRUCTION ACCIDENT COMPLAINT — ILLINOIS

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Negligence (Retained Control — Restatement § 414)
6. Count II — Premises Liability
7. Construction Safety Facts Supporting Negligence
8. Count III — Third-Party Liability
9. Count IV — Product Liability
10. Count V — Spousal Loss of Consortium
11. Damages
12. Jury Demand
13. Verification and Signature
14. Attachment — Rule 222(b) Affidavit

CAPTION

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, ILLINOIS
[DIVISION NAME] DIVISION

Case No. [________________________________]

COMPLAINT AT LAW — CONSTRUCTION ACCIDENT

NOW COMES the Plaintiff, [PLAINTIFF FULL NAME], by and through undersigned counsel, and complaining of the Defendants states as follows:

PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] is an individual residing at [PLAINTIFF ADDRESS], [CITY], Illinois [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]. The spouses 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 Illinois, 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 Illinois, 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 735 ILCS 5/2-101 because [SELECT ONE]:

☐ One or more Defendants reside in this County
☐ The transaction or some part thereof occurred 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], Illinois [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].

Retained Control

14. Defendant General Contractor and/or Defendant Property Owner retained sufficient control over the manner, methods, and operative details of the work being performed at the Project Site, including but not limited to:

☐ Authority to direct the means and methods of the work
☐ Power to stop or direct the work
☐ Responsibility for site safety
☐ Control over the work schedule and sequencing
☐ Authority to approve or reject work
☐ Control over safety equipment and procedures
☐ Other: [DESCRIBE SPECIFIC CONTROL RETAINED]

Safety Violations

15. 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 (RETAINED CONTROL — RESTATEMENT § 414)

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

17. Defendants retained sufficient control over the manner, methods, and operative details of the work at the Project Site to give rise to a duty of care under Restatement (Second) of Torts § 414.

18. Defendants breached their duty of care by:

a. Failing to implement and enforce adequate safety measures despite retaining control;
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 exercise their retained control to ensure safe working conditions;
f. [ADDITIONAL SPECIFIC ACTS OF NEGLIGENCE].

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

COUNT II — PREMISES LIABILITY

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

21. 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.

22. Defendant Property Owner knew or should have known of the dangerous conditions and failed to correct, remediate, or warn.

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

CONSTRUCTION SAFETY FACTS SUPPORTING NEGLIGENCE

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

25. Defendant [NAME] controlled [DESCRIBE WORK OR SAFETY RESPONSIBILITY] and failed to use reasonable care in that work. Identify any federal safety standard only after confirming that it governed this Defendant, activity, and worksite on the incident date.

26. Defendant's alleged safety failures included [SELECT ONLY FACTS SUPPORTED BY EVIDENCE]:

☐ Unsafe scaffolding or platforms: [DESCRIBE]
☐ Missing fall protection: [DESCRIBE]
☐ Unsafe equipment operation: [DESCRIBE]
☐ Other unsafe conduct: [DESCRIBE]

27. The conduct alleged above supports Count I and directly and proximately caused Plaintiff's injuries. This section seeks no separate federal OSHA damages remedy and assumes no automatic negligence effect. See 29 U.S.C. § 653(b)(4).

COUNT III — THIRD-PARTY LIABILITY

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

29. Pursuant to 820 ILCS 305/5(b), while workers' compensation provides the exclusive remedy against an employer, the Illinois Workers' Compensation Act expressly allows injured workers to bring legal proceedings against third parties who are legally liable for the injury.

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

31. 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)

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.

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

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

36. Defendant Manufacturer is strictly liable for injuries caused by the defective [PRODUCT].

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

COUNT V — SPOUSAL LOSS OF CONSORTIUM (IF APPLICABLE)

37A. Plaintiff [SPOUSE FULL NAME] incorporates the factual allegations of the injury and the applicable underlying liability count(s).

37B. [SPOUSE FULL NAME] was married to [PLAINTIFF FULL NAME] when the injury occurred and lost [DESCRIBE COMPANIONSHIP, SERVICES, OR OTHER MARITAL BENEFITS] because of the injury.

37C. [SPOUSE FULL NAME] seeks damages on this claim, subject to proof of the injured spouse's underlying claim.

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 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. Other: [ADDITIONAL DAMAGES AS APPLICABLE].

JURY DEMAND

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

PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendants for:

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

f. 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], Illinois [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
ARDC No. [________________________________]
Attorney for Plaintiff

ATTACHMENT — RULE 222(b) AFFIDAVIT OF DAMAGES SOUGHT

Attach this affidavit to the initial complaint. Select one alternative based on the total money damages sought.

I, [PLAINTIFF NAME], being first duly sworn, state that I am the Plaintiff in this action and that the total money damages I seek [do / do not] exceed $50,000, exclusive of interest and costs.

Plaintiff signature: ______________________________ Date: ______________

Subscribed and sworn to before me on ______________.

Notary public: ______________________________

[If a spouse brings the separate consortium claim in Count V, attach that plaintiff's own Rule 222(b) affidavit as well.]

STATE-SPECIFIC NOTES — ILLINOIS

Structural Work Act (Scaffold Act) — REPEALED: The Illinois Structural Work Act (740 ILCS 150/1-9) was repealed effective February 14, 1995. Since repeal, construction accident liability relies on common law negligence, principally Restatement (Second) of Torts § 414 (retained control).

Modified Comparative Fault (51% Bar): 735 ILCS 5/2-1116 bars recovery if the plaintiff's contributory fault exceeds 50%.

Workers' Compensation / Third-Party Actions: 820 ILCS 305/5(b) expressly allows third-party actions against non-employer parties.

Statute of Limitations: Two (2) years. 735 ILCS 5/13-202.

Punitive Damages Pleading: Do not request punitive damages in the initial bodily-injury complaint. Under 735 ILCS 5/2-604.1, a plaintiff must first obtain leave through a pretrial motion and hearing by showing a reasonable likelihood of proving facts sufficient to support punitive damages; the motion is due no later than 30 days after discovery closes. The official ILGA text identifies § 2-1115.05 as part of P.A. 89-7, which was held unconstitutional, so do not use its three-times-economic-damages limit.

Safety rules: Confirm the rule, covered defendant, and any evidentiary effect under current Illinois law before citing a violation.

Key Case Law: Larson v. Commonwealth Edison Co., 33 Ill. 2d 316 (1965).

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