Construction Accident Complaint - Louisiana

PETITION FOR DAMAGES — CONSTRUCTION ACCIDENT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Cause of Action I — Negligence / Delictual Liability
6. Cause of Action II — Premises Liability
7. Construction Safety Facts Supporting Negligence
8. Cause of Action III — Strict Product Liability (LPLA)
9. Damages
10. Jury Demand
11. State-Specific Notes

Caption

[________________________________] JUDICIAL DISTRICT COURT
PARISH OF [________________________________], LOUISIANA

DOCKET NO. [____]
DIVISION [____]

PETITION FOR DAMAGES

Parties

1. Petitioner [PLAINTIFF NAME] ("Petitioner") is a person of the full age of majority, domiciled in [PARISH] Parish, Louisiana, who was employed as a [JOB TITLE/TRADE] at the construction site described herein.

1A. [If supported: Co-Petitioner [SPOUSE NAME] is Petitioner's spouse and joins to assert the spouse's own loss-of-consortium claim under La. C.C. art. 2315(B). Delete this paragraph and the spouse caption entry if no such claim is made.]

2. Defendant [GENERAL CONTRACTOR NAME] ("General Contractor") is a [ENTITY TYPE] organized under the laws of [STATE], domiciled at [ADDRESS], which served as the general contractor for the construction project.

3. Defendant [SUBCONTRACTOR NAME] ("Subcontractor") is a [ENTITY TYPE] organized under the laws of [STATE], domiciled at [ADDRESS], which performed [SCOPE OF WORK] at the construction site.

4. Defendant [PROPERTY OWNER NAME] ("Property Owner") is a [ENTITY TYPE/INDIVIDUAL] domiciled at [ADDRESS], who owned and/or had custody of the premises where the construction project was undertaken.

5. Defendant [EQUIPMENT MANUFACTURER NAME] ("Manufacturer") is a [ENTITY TYPE] domiciled at [ADDRESS], which designed, manufactured, and/or distributed [EQUIPMENT DESCRIPTION].

Jurisdiction and Venue

6. This Honorable Court has subject matter jurisdiction pursuant to La. Const. art. V, § 16 and La. C.C.P. art. 1.

7. Venue is proper in [PARISH] Parish under La. C.C.P. art. 74 because [the alleged wrongful conduct occurred there / the damages were sustained there]. [If relying on general venue instead, identify the Defendant and the applicable ground under La. C.C.P. art. 42: ________.]

8. Petitioner's individual cause of action exceeds the amount required for a jury trial under La. C.C.P. art. 1732(1), exclusive of interest and costs. Petitioner seeks damages reasonable in the premises without alleging a specific amount.

Factual Allegations

9. The construction project known as [PROJECT NAME/DESCRIPTION] was located at [PROJECT ADDRESS], [CITY], [PARISH] Parish, Louisiana.

10. Defendant General Contractor was responsible for overall management and safety of the construction project, including coordination of subcontractors and compliance with applicable safety standards.

11. Defendant Subcontractor performed [SCOPE OF WORK] at the project and owed duties of care to all workers on the site, including Petitioner.

12. Defendant Property Owner was the owner, custodian, and/or guardian of the premises and owed duties under La. C.C. arts. 2317, 2317.1, and 2322.

13. Petitioner was employed by [EMPLOYER NAME] as a [JOB TITLE] and was performing work within the course and scope of his/her employment on [DATE OF ACCIDENT].

14. On or about [DATE OF ACCIDENT], at approximately [TIME], Petitioner was [DESCRIPTION OF WORK ACTIVITY] when [DESCRIPTION OF ACCIDENT].

15. As a direct result, Petitioner sustained severe injuries including but not limited to [DESCRIPTION OF INJURIES].

16. Petitioner's employer maintained workers' compensation insurance. Pursuant to La. R.S. 23:1032, workers' compensation provides the exclusive remedy against Petitioner's employer. This action is brought against third parties under La. R.S. 23:1101.

Cause of Action I — Negligence / Delictual Liability

17. Petitioner re-alleges all preceding paragraphs.

18. Defendants owed Petitioner a duty of reasonable care under La. C.C. art. 2315 (general delictual liability) and La. C.C. art. 2316 (negligence).

19. Defendants breached their duties through the following acts or omissions:

☐ Failing to provide and enforce adequate fall protection
☐ Failing to maintain scaffolding, platforms, or elevated work areas in safe condition
☐ Failing to barricade or secure hazardous zones
☐ Failing to provide adequate safety equipment and PPE
☐ Failing to implement a site-specific safety plan
☐ Failing to train and supervise workers in safety protocols
☐ Failing to conduct regular safety inspections
☐ Failing to warn of known hazardous conditions
☐ Failing to coordinate subcontractor work to prevent hazards
☐ [OTHER SPECIFIC ACTS OF NEGLIGENCE]

20. As a direct and proximate cause of these breaches, Petitioner suffered the injuries and damages described herein.

Cause of Action II — Premises Liability

21. Petitioner re-alleges all preceding paragraphs.

22. Defendant Property Owner was the owner and/or custodian of the premises under La. C.C. arts. 2317 and 2317.1.

23. The premises contained a vice or defect — namely, [DESCRIPTION OF DANGEROUS CONDITION] — that created an unreasonable risk of harm.

24. Defendant Property Owner knew or should have known of the defect and failed to exercise reasonable care to remedy it or to protect Petitioner from the risk.

25. The defective condition of the premises was a cause-in-fact and legal cause of Petitioner's injuries.

Construction Safety Facts Supporting Negligence

26. Petitioner re-alleges all preceding paragraphs.

27. 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.

28. The alleged safety failures included [SELECT ONLY FACTS SUPPORTED BY EVIDENCE]:

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

29. The conduct alleged above supports Petitioner's negligence claim and was a cause of Petitioner's injuries. This section seeks no separate federal OSHA damages remedy and assumes no automatic negligence-per-se effect. See 29 U.S.C. § 653(b)(4).

Cause of Action III — Strict Product Liability (LPLA)

31. Petitioner re-alleges all preceding paragraphs.

32. Defendant Manufacturer is a "manufacturer" as defined by the Louisiana Products Liability Act (LPLA), La. R.S. 9:2800.51 et seq.

33. The [EQUIPMENT DESCRIPTION] was unreasonably dangerous due to:

☐ Construction or composition defect (La. R.S. 9:2800.55)
☐ Design defect (La. R.S. 9:2800.56)
☐ Inadequate warning (La. R.S. 9:2800.57)
☐ Failure to conform to express warranty (La. R.S. 9:2800.58)

34. The defective product was a cause-in-fact and legal cause of Petitioner's injuries.

Damages

35. As a direct result of Defendants' conduct, Petitioner has suffered:

a. Past and future medical expenses;
b. Past and future lost wages and loss of earning capacity;
c. Physical pain and suffering, past and future;
d. Mental anguish and emotional distress, past and future;
e. Permanent disability and disfigurement;
f. Loss of enjoyment of life;
g. All other damages recoverable under Louisiana law.

36. [If the spouse joins: Co-Petitioner [SPOUSE NAME] seeks damages for that spouse's own loss of consortium, service, and society under La. C.C. art. 2315(B), caused by the injuries alleged above.]

Jury Demand

Petitioner demands a trial by jury on all issues triable by jury under La. C.C.P. arts. 1731–1733, subject to the timely bond or cash deposit required by arts. 1733–1734.1.

Prayer

WHEREFORE, Petitioner prays that after due proceedings:

a. There be judgment in favor of Petitioner and against each Defendant for damages proven at trial to the extent of that Defendant's legal responsibility;

b. Interest be awarded from date of judicial demand until paid;

c. All costs of these proceedings be assessed against Defendants;

d. All other relief as this Honorable Court deems just and equitable.

Respectfully submitted,

[________________________________]
[ATTORNEY NAME], Esq.
[BAR ROLL NUMBER]
[FIRM NAME]
[ADDRESS]
[CITY], Louisiana [ZIP CODE]
[PHONE]
[EMAIL]

Attorney for Petitioner

Date: [__/__/____]

Verification

PARISH OF [________________________________]

BEFORE ME, the undersigned Notary Public, personally appeared [PLAINTIFF NAME], who, after being duly sworn, deposed and said that the allegations set forth in the foregoing Petition are true and correct to the best of his/her knowledge, information, and belief.

[________________________________]
[PLAINTIFF NAME]

SWORN TO AND SUBSCRIBED before me this [____] day of [__________], [____].

[________________________________]
Notary Public

State-Specific Notes — Louisiana

Workers' Compensation Exclusivity (La. R.S. 23:1032):

• Workers' compensation is generally the exclusive remedy against the employer and co-employees for a covered workplace injury, but La. R.S. 23:1032(B) preserves civil liability resulting from an intentional act; investigate the facts before applying immunity
• La. R.S. 23:1101 permits suit against a liable third person. Under § 23:1102(A)(1), promptly notify the employer or insurer in writing of the suit and the court where it was filed. Obtain written approval before any third-party compromise if future compensation benefits are at stake; § 23:1102(B) specifies forfeiture and a reimbursement-based reservation route
• Statutory employer doctrine (La. R.S. 23:1061): principal contractor may be deemed employer of subcontractor's employees — investigate before naming as defendant

Comparative Fault (La. C.C. art. 2323):

• The current version, effective January 1, 2026 under Act 15 of 2025, uses modified comparative fault with a 51% claimant-negligence bar
• Claimant negligence of 51% or more bars recovery; negligence below 51% proportionally reduces damages
• Act 15 states only its effective date, not an incident-date or filing-date transition test; determine the governing version for an earlier event under Civil Code article 6 and controlling temporal-law authority

Prescriptive Period (Statute of Limitations):

• Delictual (personal injury) actions arising on or after July 1, 2024: generally TWO YEARS from the injury or damage sustained (La. C.C. art. 3493.1); earlier causes generally remain subject to former art. 3492's one-year period
• LPLA product-liability actions: apply art. 3493.1's current two-year rule and its permanent-disability provision for minors or interdicts; earlier causes generally remain subject to former art. 3492
• Wrongful death: current art. 2315.2(B) uses one year from death or two years from injury or damage, whichever is longer; art. 2315.2(F) separately governs medical-malpractice wrongful death, and temporal application must be analyzed

Damage Caps:

• No cap on compensatory damages in general personal injury cases
• Exemplary damages require an applicable statutory basis; current La. C.C. art. 2315.3 concerns child sexual abuse materials, not hazardous-substance exposure.

OSHA:

• Louisiana has no approved State Plan; federal OSHA covers most private-sector workers, but not state or local government workers.
• Any civil evidentiary effect of an applicable safety rule must be supported by current Louisiana authority for the defendant and claim

Court System:

• District Courts are the courts of general jurisdiction in Louisiana
• Louisiana is a civil law jurisdiction — pleadings follow Code of Civil Procedure
• For a delictual claim judicially admitted to exceed $10,000 but be less than $50,000, art. 1733(A)(2) requires a $5,000 cash deposit within 60 days after the jury request; otherwise follow the court-set bond under art. 1734 or a court-ordered deposit under art. 1734.1. A timely demand alone does not secure a jury.

Sources and References:

• La. C.C. art. 2323 — Comparative Fault
• La. R.S. 23:1032 — Workers' Comp Exclusivity
• La. R.S. 23:1101–1102 — Third-Party Suits, Notice, and Compromise
• La. R.S. 9:2800.51 et seq. — LPLA
• 29 CFR Part 1926 — OSHA Construction Standards