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. Cause of Action III — OSHA Violations / Negligence Per Se
8. Cause of Action IV — 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.

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 pursuant to La. C.C.P. art. 42 and/or La. C.C.P. art. 74.1 because the accident occurred in [PARISH] Parish and/or one or more Defendants are domiciled therein.

8. The amount in dispute exceeds all jurisdictional thresholds.

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.

Cause of Action III — OSHA Violations / Negligence Per Se

26. Petitioner re-alleges all preceding paragraphs.

27. Federal OSHA construction safety standards (29 CFR Part 1926) establish mandatory safety requirements for construction sites.

28. Defendants violated one or more of the following standards:

☐ 29 CFR 1926.451 et seq. — Scaffolding standards
☐ 29 CFR 1926.501 et seq. — Fall protection
☐ 29 CFR 1926.1400 et seq. — Cranes and Derricks in Construction (Subpart CC)
☐ 29 CFR 1926.651 et seq. — Excavation and trenching
☐ 29 CFR 1926.20 — General safety and health provisions
☐ [OTHER SPECIFIC OSHA VIOLATIONS]

29. These standards were intended to protect workers such as Petitioner from the type of harm that occurred.

30. Defendants' violations constitute evidence of negligence and/or negligence per se.

Cause of Action IV — 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. Loss of consortium (if applicable, on behalf of spouse);
h. All other damages recoverable under Louisiana law.

Jury Demand

Petitioner hereby demands a trial by jury on all issues pursuant to La. C.C.P. art. 1731 et seq. and La. Const. art. I, § 17.

Prayer

WHEREFORE, Petitioner prays that after due proceedings:

a. There be judgment in favor of Petitioner and against Defendants, in solido, for all damages proven at trial;

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):
- Exclusive remedy against employer and co-employees for workplace injuries
- Third-party claims permitted under La. R.S. 23:1101
- 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):
- Effective January 1, 2026 (Act 15 of 2025): MODIFIED comparative fault with 51% bar
- Plaintiff at 51% or more fault recovers NOTHING
- For accidents before January 1, 2026, pure comparative fault applied

Prescriptive Period (Statute of Limitations):
- Delictual (personal injury) actions: ONE YEAR from the date of the accident (La. C.C. art. 3492)
- LPLA product liability: ONE YEAR from the date of injury (La. R.S. 9:2800.59)
- Wrongful death: ONE YEAR from date of death (La. C.C. art. 2315.2)

Damage Caps:
- No cap on compensatory damages in general personal injury cases
- No punitive damages in Louisiana except in specific statutory situations (e.g., DUI, child pornography, hazardous substances)

OSHA:
- Louisiana does NOT have a state OSHA plan; federal OSHA applies directly
- OSHA violations are admissible as evidence of negligence

Court System:
- District Courts are the courts of general jurisdiction in Louisiana
- Louisiana is a civil law jurisdiction — pleadings follow Code of Civil Procedure

Sources and References:
- La. C.C. art. 2323 — Comparative Fault
- La. R.S. 23:1032 — Workers' Comp Exclusivity
- La. R.S. 9:2800.51 et seq. — LPLA
- 29 CFR Part 1926 — OSHA Construction Standards