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

THE STATE OF NEW HAMPSHIRE
[________________________________] COUNTY
SUPERIOR COURT

CASE NO. [____]

Parties

1. Plaintiff [PLAINTIFF NAME] resides at [ADDRESS], [CITY], [COUNTY] County, New Hampshire [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 N.H. Const. Pt. 2, Art. 76-a and RSA 491:7.

7. Venue is proper in [COUNTY] County under RSA 507:9.

Factual Allegations

8. The construction project at [PROJECT ADDRESS], [CITY], New Hampshire, 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 (RSA 281-A:8). This action targets third parties.

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 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) and New Hampshire Department of Labor safety regulations (RSA 277) 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
☐ RSA 277 — NH workplace safety
☐ [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 RSA 507-D (NH Product Liability Act), Defendant is 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. Enhanced compensatory damages for wanton or malicious conduct (RSA 507:16);
i. All other compensatory damages.

Jury Demand

Plaintiff demands trial by jury on all issues pursuant to N.H. Const. Pt. 1, Art. 20.

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], New Hampshire [ZIP CODE]
[PHONE] | [EMAIL]

Attorney for Plaintiff

Date: [__/__/____]

State-Specific Notes — New Hampshire

Workers' Compensation Exclusivity (RSA 281-A:8):

• Exclusive remedy against employer; third-party claims permitted
• Employer/insurer has subrogation rights

Comparative Fault (RSA 507:7-d):

• Modified comparative fault — 51% bar
• Plaintiff at 51%+ fault recovers NOTHING

Statute of Limitations:

• Personal injury: THREE YEARS (RSA 508:4)
• Wrongful death: THREE YEARS (RSA 556:11)

Damage Caps:

• No cap on compensatory damages
• New Hampshire does not allow traditional "punitive damages" but permits enhanced compensatory damages for willful, wanton, or malicious conduct (RSA 507:16)

Product Liability:

• RSA 507-D applies a NEGLIGENCE standard, not strict liability

OSHA:

• No state OSHA plan; federal OSHA applies
• RSA 277 provides additional state safety requirements

Court System:

• Superior Court is the trial court of general jurisdiction

Sources and References:

• RSA 507:7-d — Comparative Fault
• RSA 281-A:8 — Workers' Comp