Construction Accident Complaint - Oregon

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. First Cause of Action — Negligence
6. Second Cause of Action — Premises Liability
7. Third Cause of Action — Oregon OSHA/Safety Violations
8. Fourth Cause of Action — Statutory Negligence
9. Fifth Cause of Action — Third-Party Liability
10. Damages
11. Comparative Fault
12. Jury Demand
13. Prayer for Relief
14. Verification
15. State-Specific Notes

CAPTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [________________________________]

[PLAINTIFF FULL NAME],
Plaintiff,

v.

[DEFENDANT FULL NAME],

Defendant(s).

Case No.: [________________________________]

Amount in controversy: $[TOTAL AMOUNT CLAIMED, EXCLUDING ATTORNEY FEES, COSTS, AND DISBURSEMENTS]

Filing-fee authority: ORS 21.160(1)

COMPLAINT — PERSONAL INJURY (CONSTRUCTION ACCIDENT)

[SUBJECT TO MANDATORY ARBITRATION / CLAIM NOT SUBJECT TO MANDATORY ARBITRATION] (select the applicable designation under UTCR 13.060)

COMPLAINT FOR DAMAGES — CONSTRUCTION ACCIDENT

I. PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing at [PLAINTIFF ADDRESS], County of [____], State of Oregon.

2. Defendant [DEFENDANT — GENERAL CONTRACTOR NAME] ("General Contractor") is a [corporation/LLC/partnership] organized under the laws of [STATE OF INCORPORATION], with its principal place of business at [DEFENDANT ADDRESS], and was at all relevant times the general contractor for the construction project described herein.

3. Defendant [DEFENDANT — PROPERTY OWNER NAME] ("Property Owner") is [an individual/a corporation/an LLC] [with its principal place of business at / residing at] [ADDRESS], and was at all relevant times the owner of the premises where the construction accident occurred.

4. Defendant [DEFENDANT — SUBCONTRACTOR NAME] ("Subcontractor") is a [corporation/LLC/partnership] organized under the laws of [STATE], with its principal place of business at [ADDRESS], and was at all relevant times a subcontractor performing work at the construction site.

II. JURISDICTION AND VENUE

5. This Court has jurisdiction over this civil action under Or. Const. art. VII (Original), § 9.

6. Venue is proper in [____] County pursuant to ORS 14.080 because [the accident occurred in this county / one or more Defendants reside in this county / Defendants transacted business in this county].

III. FACTUAL ALLEGATIONS

7. On or about [DATE OF ACCIDENT], Plaintiff was employed by [PLAINTIFF'S EMPLOYER] as a [JOB TITLE/TRADE] and was performing construction work at a construction site located at [CONSTRUCTION SITE ADDRESS], County of [____], Oregon (the "Project").

8. The Project involved [BRIEF DESCRIPTION OF CONSTRUCTION PROJECT].

9. At the time of the accident, Plaintiff was engaged in [DESCRIPTION OF PLAINTIFF'S WORK ACTIVITY AT TIME OF ACCIDENT].

10. On the date of the accident, [DESCRIBE THE ACCIDENT IN DETAIL].

11. As a direct and proximate result of the accident, Plaintiff sustained the following injuries: [DESCRIBE INJURIES].

12. At all relevant times, Defendants had a duty to maintain a safe construction site in accordance with applicable safety regulations, including the Oregon Safe Employment Act (ORS 654.001 et seq.), Oregon OSHA regulations (OAR 437), and 29 C.F.R. Part 1926.

13. Defendants knew or should have known of the dangerous conditions at the construction site and failed to take reasonable steps to remedy or warn of such conditions.

IV. FIRST CAUSE OF ACTION — NEGLIGENCE

(Against All Defendants)

14. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.

15. Defendants owed Plaintiff a duty of reasonable care to maintain a safe construction site, to provide adequate safety equipment, to properly supervise work activities, and to ensure compliance with all applicable safety standards.

16. Defendants breached their duty of care by, among other things:

☐ Failing to provide adequate fall protection systems
☐ Failing to properly secure scaffolding and elevated work platforms
☐ Failing to maintain the construction site in a reasonably safe condition
☐ Failing to provide proper safety equipment and personal protective gear
☐ Failing to adequately train and supervise workers
☐ Failing to conduct adequate safety inspections
☐ Failing to warn of known hazardous conditions
☐ Failing to comply with Oregon OSHA standards (OAR 437, Division 3)
☐ Failing to comply with the Oregon Safe Employment Act (ORS 654.001 et seq.)
☐ [OTHER SPECIFIC NEGLIGENT ACTS OR OMISSIONS]

17. Defendants' negligence was the direct and proximate cause of Plaintiff's injuries and damages.

V. SECOND CAUSE OF ACTION — PREMISES LIABILITY

(Against Property Owner and General Contractor)

18. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.

19. At all relevant times, Defendant Property Owner owned, controlled, managed, and/or maintained the premises located at [CONSTRUCTION SITE ADDRESS].

20. Defendant General Contractor exercised control over the construction site and the means and methods of the work performed thereon.

21. Defendants had a duty to maintain the premises in a reasonably safe condition and to warn of known or discoverable hazards.

22. Defendants breached their duty by permitting dangerous conditions to exist on the premises, including but not limited to: [DESCRIBE UNSAFE CONDITIONS].

23. The dangerous conditions were the direct and proximate cause of Plaintiff's injuries and damages.

VI. THIRD CAUSE OF ACTION — OREGON OSHA/SAFETY VIOLATIONS

(Against All Defendants)

24. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.

25. Oregon operates a state OSHA plan (Oregon OSHA) under the Oregon Safe Employment Act (ORS 654.001 et seq.). At all relevant times, Defendants were required to comply with Oregon OSHA construction safety standards set forth in OAR 437, Division 3, and the corresponding federal standards in 29 C.F.R. Part 1926.

26. Defendants violated one or more of the following safety standards:

☐ OAR chapter 437, Division 3, Subdivision L / 29 C.F.R. § 1926.451 — Scaffolding safety requirements
☐ 29 C.F.R. § 1926.501 — Fall protection requirements
☐ 29 C.F.R. § 1926.502 — Fall protection systems criteria
☐ 29 C.F.R. § 1926.1400 et seq. — Cranes and Derricks in Construction (Subpart CC)
☐ 29 C.F.R. § 1926.651 — Excavation and trenching safety
☐ ORS 654.010 — Employer duty to furnish safe employment
☐ [OTHER SPECIFIC OREGON OSHA/FEDERAL VIOLATIONS]

27. Such violations constitute negligence per se and/or evidence of negligence under Oregon law.

28. The safety violations were a direct and proximate cause of Plaintiff's injuries and damages.

VII. FOURTH CAUSE OF ACTION — STATUTORY NEGLIGENCE

(Against All Defendants)

29. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.

30. Defendants violated applicable statutes and regulations designed to protect construction workers, including but not limited to ORS 654.001 et seq. (Oregon Safe Employment Act) and OAR 437 (Oregon OSHA standards).

31. Plaintiff was a member of the class of persons intended to be protected by such statutes and regulations.

32. The injuries suffered by Plaintiff are of the type the statutes and regulations were designed to prevent.

33. Defendants' statutory violations constitute negligence per se under Oregon law.

VIII. FIFTH CAUSE OF ACTION — THIRD-PARTY LIABILITY

(Against Defendants Subject to a Third-Person Claim)

34. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.

35. At all relevant times, Plaintiff's direct employer was [EMPLOYER NAME], and Plaintiff was covered by workers' compensation insurance pursuant to ORS Chapter 656.

36. Defendant [IDENTIFY DEFENDANT] [DESCRIBE ITS OWN ACT OR OMISSION AND FACTS SHOWING IT WAS NOT IN PLAINTIFF'S SAME EMPLOY UNDER ORS 656.154]. For any contractor, worker leasing client, temporary staffing client, or other actor in the work chain, [STATE THE CONTRACT, COVERAGE, AND ROLE FACTS RELEVANT TO ORS 656.018(1), (3)-(5) AND 656.029(1)]. Plaintiff alleges that Defendant is liable as a third person outside any applicable ORS 656.018 exemption.

37. These Defendants owed Plaintiff an independent duty of care that was separate and distinct from any duty owed by Plaintiff's direct employer.

38. These Defendants breached their independent duty of care, and such breach was a direct and proximate cause of Plaintiff's injuries and damages.

IX. DAMAGES

39. As a direct and proximate result of the Defendants' negligent, wrongful, and unlawful conduct, Plaintiff has suffered and continues to suffer the following categories of damages:

Economic Damages:

☐ Past medical expenses in the amount of $[AMOUNT]
☐ Future medical expenses estimated at $[AMOUNT]
☐ Past lost wages and earnings in the amount of $[AMOUNT]
☐ Future lost wages and diminished earning capacity estimated at $[AMOUNT]
☐ Rehabilitation and therapy costs in the amount of $[AMOUNT]
☐ Property damage in the amount of $[AMOUNT]
☐ Other economic losses: [DESCRIBE]

Noneconomic Damages:

☐ Physical pain and suffering
☐ Mental anguish and emotional distress
☐ Loss of enjoyment of life
☐ Permanent disability and disfigurement
☐ Loss of consortium (if applicable)

X. COMPARATIVE FAULT

40. Plaintiff alleges that any fault attributable to Plaintiff, if any, was not greater than the combined fault of the persons compared under ORS 31.600(2). Fault equal to fifty percent (50%) does not itself bar recovery; recovery is barred only when Plaintiff's fault is greater than the combined fault of the compared persons.

41. Plaintiff's damages, if any comparative fault is found, shall be reduced in proportion to Plaintiff's percentage of fault pursuant to ORS 31.600 and ORS 31.605.

XI. JURY DEMAND

42. Plaintiff hereby demands a trial by jury on all issues so triable.

XII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against each Defendant for that Defendant's several share of damages, subject to ORS 31.610 and any claim-specific exception established by current law, as follows:

1. Economic damages in the amount of $[ECONOMIC DAMAGES TOTAL] and noneconomic damages in the amount of $[NONECONOMIC DAMAGES TOTAL], with each amount completed before filing as required by ORCP 18 B;
2. Pre-judgment and post-judgment interest as allowed by law;
3. Costs and disbursements of suit;
4. [If supported by a pleaded fee entitlement: Reasonable attorney fees under [SPECIFIC STATUTE, RULE, OR CONTRACT], based on [FACTS THAT SUPPORT THE FEE ENTITLEMENT];]
5. Such other and further relief as this Court deems just and proper.

XIII. VERIFICATION

STATE OF OREGON
COUNTY OF [________________________________]

I, [PLAINTIFF FULL NAME], being first duly sworn, state that I am the Plaintiff in the above-entitled action, that I have read the foregoing Complaint, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________________
[PLAINTIFF FULL NAME]

Subscribed and sworn to before me this [____] day of [________], [____].

_________________________________________
Notary Public
My Commission Expires: [__/__/____]

Respectfully submitted,

_________________________________________
[ATTORNEY NAME], OSB No. [____]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Oregon [ZIP]
Telephone: [____]
Email: [____]

Attorney for Plaintiff

STATE-SPECIFIC NOTES — OREGON

SOURCES AND REFERENCES

• Or. Const. art. VII (Original), § 9 — Circuit court jurisdiction: https://www.oregonlegislature.gov/bills_laws/Pages/OrConst.aspx
• UTCR 2.010(10)(b), 13.060(3) — Pleading title: https://www.courts.oregon.gov/rules/UTCR/2026_UTCR_ch2.pdf and https://www.courts.oregon.gov/rules/UTCR/2026_UTCR_ch13.pdf
• ORS 21.105(1), 21.160(1), (5) — Caption amount and tort filing-fee authority: https://www.oregonlegislature.gov/bills_laws/ors/ors021.html
• ORCP 68 C(2)(a) — Pleaded basis for attorney fees: https://www.oregonlegislature.gov/bills_laws/SiteAssets/ORCP.html
• ORS 12.110 — Two-year statute of limitations for personal injury
• ORS 12.115 — Ten-year ultimate limitation
• ORS 31.600, 31.605 — Comparative fault
• ORS 654.001 et seq. — Oregon Safe Employment Act
• ORS Chapter 656 — Workers' Compensation
• ORS 656.018(1), (3)-(5), 656.029(1), 656.154 — Immunity, contract coverage, and third-person claims
• OAR 437, Division 3 — Oregon OSHA construction standards
• 29 C.F.R. Part 1926 — Federal OSHA construction safety standards
• Busch v. McInnis Waste Systems, Inc., 366 Or 628 (2020)
• Hammagren v. Wald Construction, Inc., 274 Or 267 (1976)