Construction Accident Complaint - Maine
Before filing: Complete and file the separate Maine Civil Summary Sheet (CV-001) with this complaint under Me. R. Civ. P. 5(h). If demanding a jury, file the demand and pay the jury fee as required by the court's scheduling order under Rule 38(b).
CONSTRUCTION ACCIDENT COMPLAINT — MAINE
Before filing: Name only defendants supported by facts. Check whether a proposed defendant is protected under 39-A M.R.S. § 104, including its temporary-help and design-professional provisions, and whether § 107 affects a third-party recovery or compensation lien. Complete only claims supported by the incident and site records.
STATE OF MAINE — SUPERIOR COURT
[COUNTY] COUNTY
| Party | Role |
|---|---|
| [PLAINTIFF FULL NAME] | Plaintiff |
| v. | |
| [DEFENDANT A FULL LEGAL NAME] | Defendant |
| [DEFENDANT B FULL LEGAL NAME, IF APPLICABLE] | Defendant |
Docket No.: [TO BE ASSIGNED]
COMPLAINT
Parties, jurisdiction, and venue
-
Plaintiff [PLAINTIFF FULL NAME] resides at [ADDRESS], [COUNTY] County, Maine. Plaintiff worked for [EMPLOYER NAME] as [TRADE OR ROLE] at [PROJECT ADDRESS].
-
Defendant A [FULL LEGAL NAME] is [ENTITY TYPE / INDIVIDUAL] at [ADDRESS]. At the relevant time, Defendant A [GENERAL CONTRACTOR / SUBCONTRACTOR / PREMISES POSSESSOR / OTHER THIRD-PARTY ROLE] and controlled [SPECIFIC WORK, EQUIPMENT, OR SITE AREA]. The facts supporting Defendant A's liability as a third party, including its role and any claimed immunity under 39-A M.R.S. § 104, are [FACTS].
-
[If applicable: Defendant B [FULL LEGAL NAME] is [ENTITY TYPE / INDIVIDUAL] at [ADDRESS]. Defendant B controlled [SPECIFIC WORK, EQUIPMENT, OR SITE AREA]. The facts supporting Defendant B's third-party liability and addressing any claimed § 104 immunity are [FACTS]. Delete this paragraph and renumber if not applicable.]
-
This Court has jurisdiction under 4 M.R.S. § 105. Venue lies in [COUNTY] County under 14 M.R.S. § 501 because [A PARTY RESIDES HERE / THE INJURY OCCURRED HERE].
Construction incident
-
On [DATE] at approximately [TIME], Plaintiff was performing [SPECIFIC TASK] in [EXACT SITE AREA]. The work involved [PLATFORM / EXCAVATION / ACCESS ROUTE / MACHINE / MATERIAL / OTHER ITEM] under the control of [DEFENDANT AND FACTS SHOWING CONTROL].
-
The dangerous condition was [SPECIFIC PHYSICAL CONDITION, OPERATION, OR OMISSION]. It arose when [HOW AND WHEN CONDITION WAS CREATED]. Defendant [KNEW / SHOULD HAVE DISCOVERED THROUGH REASONABLE CARE] of it because [ACTUAL REPORT / OBSERVED DURATION / INSPECTION / CONTRACTUAL WORK ASSIGNMENT / OTHER FACTS].
-
Defendant [SPECIFICALLY DESCRIBE FAILURE TO SECURE, MAINTAIN, INSPECT, COORDINATE, OR WARN]. On [DATE], that condition caused [SEQUENCE OF FALL, STRIKE, COLLAPSE, OR OTHER INCIDENT] and injured Plaintiff.
-
Plaintiff sustained [INJURIES], received [TREATMENT], and incurred [MEDICAL EXPENSES / LOST EARNINGS / OTHER SUPPORTED LOSS].
Count I — Negligence against [DEFENDANT A / IDENTIFIED DEFENDANTS]
-
Plaintiff incorporates the preceding allegations.
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Defendant [NAME] owed Plaintiff reasonable care in [DEFENDANT'S SPECIFIC WORK OR CONTROLLED AREA]. Defendant breached that duty by [ACTS OR OMISSIONS FROM PARAGRAPH 7], causing Plaintiff's injuries and damages described above.
Count II — Unsafe premises against [POSSESSOR, IF SUPPORTED]
- [Use only if a defendant possessed or controlled the site area and the injury resulted from its condition: Plaintiff incorporates the preceding factual allegations. Defendant [NAME] controlled [AREA], owed Plaintiff reasonable care to provide reasonably safe premises, and breached that duty by [FACTS]. The breach caused Plaintiff's injuries. Wilson v. Gurney, 2026 ME 76, ¶ 13. Delete this count if not supported and renumber.]
Demand for relief
Plaintiff requests judgment against each defendant proved liable for compensatory damages in an amount established at trial, interest and costs allowed by law, and any further relief the Court determines proper. Plaintiff requests a jury trial on all issues triable of right by a jury and will file the demand and pay the fee as required by Maine R. Civ. P. 38(b).
Dated: [__/__/____]
________________________________________
[ATTORNEY NAME, MAINE BAR NUMBER / PLAINTIFF IF UNREPRESENTED]
[ADDRESS]
[EMAIL]
[TELEPHONE]
[Attorney for Plaintiff / Plaintiff, self-represented]
About this template
- Last updated
- October 25, 2026
- Citations checked
- October 25, 2026
- Jurisdiction
- Maine
- Category
- Personal Injury
Legal authority
- 39-A M.R.S. § 104 (conditional employer immunity)
- 39-A M.R.S. § 107 (third-party action and reimbursement)
- 4 M.R.S. § 105 (Superior Court civil jurisdiction)
- 14 M.R.S. § 501 (venue)
- 14 M.R.S. § 752 (general six-year limitation)
- 14 M.R.S. § 156 (comparative negligence)
- Maine R. Civ. P. 8(a) (claim and relief)
- Maine R. Civ. P. 10(b) (numbered allegations)
- Maine R. Civ. P. 11(a)(2) (attorney signature)
- Maine R. Civ. P. 11(a)(3) (unrepresented party signature)
- Maine R. Civ. P. 38(b) (jury demand and fee)
Personal injury cases are brought by people who were hurt because of someone else's carelessness: car crashes, slip and falls, defective products, and more. Demand letters, settlement agreements, and court filings in these cases have to document the injuries, the medical treatment, the lost income, and the exact legal basis for holding the other side responsible. Well-prepared paperwork is what drives higher settlements and forces insurers to take the claim seriously.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 25, 2026.
Me. R. Civ. P. 5(h)(1) (checked October 25, 2026): "Any pleading that sets forth a claim for relief, except those specified in subdivision (3) below, shall be filed with a properly completed and executed Summary Sheet"
Deane v. Central Maine Power Co., 2024 ME 72, ¶ 35 (checked October 25, 2026): "a violation of a safety statute or regulation may be evidence of negligence but does not constitute negligence per se"
18-C M.R.S. § 2-807(2) (checked October 25, 2026): "An action under this section must be commenced within 3 years after the decedent's death, except that if the decedent's death is caused by a homicide, the action may be commenced within 6 years of the date the personal representative or special administrator of the decedent discovers that there is a just cause of action against the person who caused the homicide."
18-C M.R.S. § 2-807(2) (wrongful-death damages) (checked October 25, 2026): "In addition, the jury may give damages not exceeding $1,000,000 adjusted for inflation as provided in section 1-108 for the loss of comfort, society and companionship of the deceased, including any damages for emotional distress arising from the same facts as those constituting the underlying claim, to the persons for whose benefit the action is brought. The jury may also give punitive damages not exceeding $500,000."
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