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
8. Count IV — Product Liability
9. Damages
10. Jury Demand
11. State-Specific Notes

Caption

MONTANA [________________________________] JUDICIAL DISTRICT COURT
[________________________________] COUNTY

CAUSE NO. [____]

Parties

1. Plaintiff [PLAINTIFF NAME] resides at [ADDRESS], [CITY], [COUNTY] County, Montana [ZIP CODE].

2. Defendant [GENERAL CONTRACTOR NAME] is a [ENTITY TYPE] at [ADDRESS].

3. Defendant [SUBCONTRACTOR NAME] is a [ENTITY TYPE] at [ADDRESS].

4. Defendant [PROPERTY OWNER NAME] is a [ENTITY TYPE/INDIVIDUAL] at [ADDRESS].

5. Defendant [EQUIPMENT MANUFACTURER NAME] is a [ENTITY TYPE] at [ADDRESS].

Jurisdiction and Venue

6. This Court has jurisdiction under MCA § 3-5-302.

7. Venue is proper under MCA § 25-2-118 because the cause of action arose in [COUNTY] County.

Factual Allegations

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

9. Plaintiff was employed by [EMPLOYER NAME] and performing work on [DATE OF ACCIDENT].

10. On [DATE OF ACCIDENT], Plaintiff was [DESCRIPTION OF WORK ACTIVITY] when [DESCRIPTION OF ACCIDENT].

11. Plaintiff sustained injuries including [DESCRIPTION OF INJURIES].

12. Workers' compensation is the exclusive remedy against Plaintiff's employer (MCA § 39-71-411). This action targets third parties under MCA § 39-71-412.

Count I — Negligence

13. Plaintiff re-alleges all preceding paragraphs.

14. Defendants owed Plaintiff a duty of reasonable care.

15. Defendants breached their duty by:

☐ Failing to provide fall protection
☐ Failing to maintain scaffolding and platforms
☐ Failing to secure hazardous areas
☐ Failing to provide PPE
☐ Failing to implement safety plans
☐ Failing to train workers
☐ Failing to conduct inspections
☐ Failing to warn of hazards
☐ Failing to coordinate subcontractor work
☐ [OTHER SPECIFIC NEGLIGENCE]

16. Defendants' negligence proximately caused Plaintiff's injuries.

Count II — Premises Liability

17. Plaintiff re-alleges all preceding paragraphs.

18. Defendant Property Owner owed Plaintiff a duty under MCA § 27-1-322 (duty owed by a landowner) to exercise ordinary care.

19. Defendant Property Owner breached this duty by:

☐ Failing to maintain safe premises
☐ Failing to warn of hazards
☐ Retaining control over site safety
☐ [OTHER BREACHES]

20. The premises condition proximately caused Plaintiff's injuries.

Count III — OSHA Violations

21. Plaintiff re-alleges all preceding paragraphs.

22. Federal OSHA standards (29 CFR Part 1926) and Montana Safety Culture Act (MCA § 39-71-1501 et seq.) apply.

23. Defendants violated:

☐ 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
☐ [OTHER VIOLATIONS]

24. These violations are evidence of negligence.

Count IV — Product Liability

25. Plaintiff re-alleges all preceding paragraphs.

26. Defendant Manufacturer designed, manufactured, and/or distributed [EQUIPMENT DESCRIPTION].

27. The product was defective due to:

☐ Design defect
☐ Manufacturing defect
☐ Inadequate warnings

28. Under MCA § 27-1-719 and Montana common law, Defendant is liable for injuries caused by defective products.

29. The defective product proximately caused Plaintiff's injuries.

Damages

30. 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;
d. Mental anguish and emotional distress;
e. Permanent disability and disfigurement;
f. Loss of enjoyment of life;
g. Loss of consortium (if applicable);
h. Punitive damages where Defendants' conduct was fraudulent or demonstrated actual malice (MCA § 27-1-221);
i. All other compensatory damages.

Jury Demand

Plaintiff demands trial by jury on all issues pursuant to Mont. Const. art. II, § 26.

Prayer for Relief

WHEREFORE, Plaintiff requests judgment against Defendants for compensatory and punitive damages, costs, and such other relief as the Court deems just.

Respectfully submitted,

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

Attorney for Plaintiff

Date: [__/__/____]

State-Specific Notes — Montana

Workers' Compensation Exclusivity (MCA § 39-71-411):
- Exclusive remedy against employer; exception for intentional acts
- Third-party claims under MCA § 39-71-412; insurer has subrogation rights

Comparative Negligence (MCA § 27-1-702):
- Modified comparative negligence — 51% bar
- Plaintiff at 51%+ fault recovers NOTHING
- Damages reduced by percentage of fault

Statute of Limitations:
- Personal injury: THREE YEARS (MCA § 27-2-204)
- Wrongful death: THREE YEARS (MCA § 27-2-204)

Damage Caps:
- No general cap on compensatory damages
- Punitive damages require clear and convincing evidence of fraud or malice (MCA § 27-1-221)

OSHA:
- Federal OSHA applies to private sector
- Montana state plan covers state/local government employees

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

Sources and References:
- MCA § 27-1-702 — Comparative Negligence
- MCA § 39-71-411 — Workers' Comp Exclusivity