Construction Accident Complaint - Nebraska

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

Caption

IN THE DISTRICT COURT OF [________________________________] COUNTY, NEBRASKA

CASE NO. [____]

Parties

1. Plaintiff [PLAINTIFF NAME] resides at [ADDRESS], [CITY], [COUNTY] County, Nebraska [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 Neb. Const. art. V, § 9.

7. Venue is proper under Neb. Rev. Stat. § 25-403.01.

Factual Allegations

8. The construction project at [PROJECT ADDRESS], [CITY], Nebraska, 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. This action targets third parties under Neb. Rev. Stat. § 48-118.

Count I — Negligence

13. Plaintiff re-alleges all preceding paragraphs.

14. Defendants breached their duty of care 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]

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

Count II — Premises Liability

16. Plaintiff re-alleges all preceding paragraphs.

17. Defendant Property Owner breached duties owed to Plaintiff as an invitee by:

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

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

Count III — Construction Safety Negligence

19. Plaintiff re-alleges all preceding paragraphs.

20. Defendant [NAME] controlled [DESCRIBE WORK OR SAFETY RESPONSIBILITY]. Plaintiff alleges that Defendant failed to use reasonable care in that work. Identify any applicable safety standard only after confirming that it governed this Defendant and activity when the injury occurred.

21. Defendant's alleged safety failures included [SELECT ONLY FACTS SUPPORTED BY EVIDENCE]:

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

22. The conduct alleged above is part of Plaintiff's negligence claim. This count does not seek a separate OSHA penalty or damages remedy under the federal Act. See 29 U.S.C. § 653(b)(4).

Count IV — Product Liability

23. Plaintiff re-alleges all preceding paragraphs.

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

25. The product was defective. Under Nebraska Products Liability Act (Neb. Rev. Stat. § 25-21,181 et seq.), Defendant is strictly liable.

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

Damages

27. 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;
f. Loss of enjoyment of life;
g. Loss of consortium (if applicable);
h. All other compensatory damages.

Jury Demand

Plaintiff demands trial by jury on all issues pursuant to Neb. Const. art. I, § 6.

Prayer for Relief

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

Respectfully submitted,

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

Attorney for Plaintiff

Date: [__/__/____]

State-Specific Notes — Nebraska

Workers' Compensation Exclusivity:

• Exclusive remedy against employer; third-party claims under § 48-118
• Employer has subrogation rights and must be made a party to third-party suit

Comparative Fault (§ 25-21,185.09):

• Claimant's negligence reduces damages proportionately and bars recovery if it equals or exceeds the total negligence of all persons from whom recovery is sought
• Joint and several liability for economic damages; several liability only for noneconomic damages

Statute of Limitations:

• Personal injury: FOUR YEARS (§ 25-207)
• Wrongful death: TWO YEARS (§ 30-810)

Damage Caps:

• Do not assume a cap or exemption; assess any limit under the claim-specific law,
  defendant status, and facts.

• Neb. Const. art. VII, § 5 addresses the allocation of fines, penalties, and
  license money to schools. It does not state a prohibition on personal-injury
  damage caps.

OSHA:

• Confirm the safety rule, covered employer, worksite, and activity before identifying an occupational-safety standard in this pleading.

Court System:

• District Court is the trial court of general jurisdiction

Sources and References:

• Neb. Rev. Stat. § 25-21,185.09 — Comparative Fault
• Neb. Rev. Stat. § 48-118 — Third-Party Claims
• Neb. Const. art. VII, § 5 — Fines, penalties, and license money