Construction Accident Complaint

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

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 — OSHA Violations

19. Plaintiff re-alleges all preceding paragraphs.

20. Federal OSHA standards (29 CFR Part 1926) apply.

21. 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]

22. These violations are evidence of negligence.

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):

• Modified comparative fault with strict 50% bar — plaintiff at 50% or more fault recovers NOTHING
• 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:

• No general statutory cap on compensatory damages in construction accident cases
• Nebraska Constitution prohibits caps on personal injury damages (Neb. Const. art. VII, § 5)

OSHA:

• Nebraska does NOT have a state OSHA plan; federal OSHA applies

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