CONSTRUCTION ACCIDENT COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Negligence
6. Count II — Premises Liability
7. Count III — OSHA Violations / Negligence Per Se
8. Count IV — Product Liability
9. Damages
10. Jury Demand
11. State-Specific Notes

Caption

STATE OF MAINE
[________________________________] COUNTY
SUPERIOR COURT

DOCKET NO. [____]

Parties

1. Plaintiff [PLAINTIFF NAME] is an individual residing at [ADDRESS], [CITY], [COUNTY] County, Maine [ZIP CODE], who was employed as a [JOB TITLE/TRADE] at the construction site described herein.

2. Defendant [GENERAL CONTRACTOR NAME] is a [ENTITY TYPE] with its principal place of business at [ADDRESS], which served as the general contractor for the construction project.

3. Defendant [SUBCONTRACTOR NAME] is a [ENTITY TYPE] with its principal place of business at [ADDRESS], which performed [SCOPE OF WORK] at the construction site.

4. Defendant [PROPERTY OWNER NAME] is a [ENTITY TYPE/INDIVIDUAL] with an address at [ADDRESS], who owned and/or controlled the premises.

5. Defendant [EQUIPMENT MANUFACTURER NAME] is a [ENTITY TYPE] with its principal place of business at [ADDRESS], which designed, manufactured, and/or distributed [EQUIPMENT DESCRIPTION].

Jurisdiction and Venue

6. This Court has jurisdiction over this matter pursuant to 4 MRSA § 105 and 14 MRSA § 704.

7. Venue is proper in [COUNTY] County because the accident occurred in this county and/or one or more Defendants reside or have a place of business therein.

Factual Allegations

8. The construction project at [PROJECT ADDRESS], [CITY], [COUNTY] County, Maine, was managed by Defendant General Contractor.

9. Defendant Subcontractor performed [SCOPE OF WORK] at the project site.

10. Defendant Property Owner owned and/or controlled the premises.

11. Plaintiff was employed by [EMPLOYER NAME] as a [JOB TITLE] and was performing work within the scope of employment on [DATE OF ACCIDENT].

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

13. Plaintiff sustained severe injuries including [DESCRIPTION OF INJURIES].

14. Workers' compensation is the exclusive remedy against Plaintiff's employer under 39-A MRSA § 104. This action is against third parties whose negligence caused Plaintiff's injuries.

Count I — Negligence

15. Plaintiff re-alleges all preceding paragraphs.

16. Defendants owed Plaintiff a duty of reasonable care to maintain a safe worksite and protect workers from foreseeable hazards.

17. Defendants breached their duty by:

☐ Failing to provide adequate fall protection systems
☐ Failing to maintain scaffolding, ladders, or platforms in safe condition
☐ Failing to barricade or mark hazardous areas
☐ Failing to provide safety equipment and PPE
☐ Failing to implement a site-specific safety plan
☐ Failing to train and supervise workers on safety
☐ Failing to conduct regular site inspections
☐ Failing to warn of dangerous conditions
☐ Failing to coordinate subcontractor activities safely
☐ [OTHER SPECIFIC ACTS OF NEGLIGENCE]

18. Defendants' negligence was a proximate cause of Plaintiff's injuries.

Count II — Premises Liability

19. Plaintiff re-alleges all preceding paragraphs.

20. Defendant Property Owner owed a duty to maintain the premises in a reasonably safe condition for all lawful visitors, including construction workers.

21. Defendant Property Owner breached this duty by:

☐ Failing to remedy known dangerous conditions
☐ Failing to warn of hazards on the property
☐ Retaining control over site safety conditions
☐ [OTHER SPECIFIC BREACHES]

22. The unsafe condition of the premises was a proximate cause of Plaintiff's injuries.

Count III — OSHA Violations / Negligence Per Se

23. Plaintiff re-alleges all preceding paragraphs.

24. Federal OSHA construction standards (29 CFR Part 1926) and Maine workplace safety rules (26 MRSA § 565 et seq.) apply to the construction site.

25. Defendants violated the following standards:

☐ 29 CFR 1926.451 et seq. — Scaffolding
☐ 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
☐ 26 MRSA § 565 — Maine workplace safety requirements
☐ [OTHER SPECIFIC VIOLATIONS]

26. These violations constitute negligence per se and were a proximate cause of Plaintiff's injuries.

Count IV — Product Liability

27. Plaintiff re-alleges all preceding paragraphs.

28. Defendant Manufacturer designed, manufactured, and/or distributed [EQUIPMENT DESCRIPTION] used at the construction site.

29. The product was defective and unreasonably dangerous due to:

☐ Defective design
☐ Manufacturing defect
☐ Inadequate warnings or instructions

30. Maine recognizes strict product liability. The defective product was a proximate cause of Plaintiff's injuries.

Damages

31. As a result of Defendants' conduct, Plaintiff 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;
e. Permanent disability and disfigurement;
f. Loss of enjoyment of life;
g. Loss of consortium (if applicable);
h. All other compensatory damages proven at trial.

Jury Demand

Plaintiff demands a trial by jury on all triable issues.

Prayer for Relief

WHEREFORE, Plaintiff requests that this Court:

a. Enter judgment in Plaintiff's favor and against Defendants for compensatory damages;
b. Award pre-judgment and post-judgment interest;
c. Award costs of this action;
d. Grant such other relief as the Court deems just.

Respectfully submitted,

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

Attorney for Plaintiff

Date: [__/__/____]

State-Specific Notes — Maine

Workers' Compensation Exclusivity (39-A MRSA § 104):
- Exclusive remedy against employer; third-party claims permitted
- Employer/insurer has lien on third-party recovery

Comparative Fault (14 MRSA § 156):
- Modified comparative fault — plaintiff must be LESS THAN 50% at fault to recover
- Damages reduced by plaintiff's percentage of fault

Statute of Limitations:
- Personal injury: SIX YEARS (14 MRSA § 752) — one of the longest in the nation
- Wrongful death: TWO YEARS (18-C MRSA § 2-807)

Damage Caps:
- Maine has a $750,000 cap on noneconomic damages in medical malpractice only (24 MRSA § 2905)
- No statutory cap on damages in general personal injury/construction accident cases

Punitive Damages:
- Maine allows punitive damages only where authorized by statute (14 MRSA § 8104-B applies to product liability only)

OSHA:
- Maine does NOT have a state OSHA plan; federal OSHA applies
- Maine Bureau of Labor Standards enforces state workplace safety laws

Court System:
- Superior Court is the trial court of general jurisdiction

Sources and References:
- 14 MRSA § 156 — Comparative Fault
- 39-A MRSA § 104 — Workers' Comp Exclusivity
- 14 MRSA § 752 — Statute of Limitations