Construction Accident Complaint - Pennsylvania

NOTICE TO DEFEND

You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. If you fail to do so, the case may proceed without you and judgment may be entered without further notice for money or other relief requested in the complaint. You may lose money, property, or other important rights.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

If you cannot afford to hire a lawyer, this office may be able to provide information about agencies offering legal services to eligible persons at a reduced fee or no fee.

County-designated lawyer-referral or legal-services office: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

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 — Construction Safety Negligence
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 COURT OF COMMON PLEAS OF [________________________________] COUNTY
PENNSYLVANIA
CIVIL ACTION

[PLAINTIFF FULL NAME],
Plaintiff,

v.

[DEFENDANT FULL NAME],

Defendant(s).

No.: [________________________________]
Term: [________________________________]

COMPLAINT — CONSTRUCTION ACCIDENT

I. PARTIES

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

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 matter pursuant to 42 Pa.C.S. § 931 (general jurisdiction of the Courts of Common Pleas).

6. Venue is proper in [____] County because [STATE SPECIFIC FACTS ESTABLISHING VENUE FOR EACH DEFENDANT].

7. Plaintiff seeks damages for the injuries described below. For the required arbitration amount statement under Pa.R.C.P. 1021(c), select one: ☐ The amount claimed exceeds the compulsory arbitration referral amount under the applicable [COUNTY] County local rule; ☐ the amount claimed does not exceed that amount; ☐ no compulsory arbitration rule applies in this county.

III. FACTUAL ALLEGATIONS

8. 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 [____], Pennsylvania (the "Project").

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

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

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

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

13. Defendant [NAME] had responsibility for [DESCRIBE WORK OR SITE CONDITION] and failed to use reasonable care in that work. Identify a safety rule only after confirming that it applied to this Defendant, worksite, and activity on the incident date.

14. 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)

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

16. Defendant [NAME] owed Plaintiff a duty of reasonable care in [DESCRIBE CONTROLLED WORK OR SITE CONDITION].

17. 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 applicable OSHA standards (29 C.F.R. Part 1926)
☐ [OTHER SPECIFIC NEGLIGENT ACTS OR OMISSIONS]

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

Demand for relief — Count I — Negligence: Plaintiff demands judgment against the Defendant or Defendants identified in this count for compensatory damages proved at trial, costs, and other relief allowed by law, subject to the liability allocation in 42 Pa.C.S. § 7102(a.1).

V. SECOND CAUSE OF ACTION — PREMISES LIABILITY

(Against Property Owner and General Contractor)

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

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

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

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

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

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

Demand for relief — Count II — Premises Liability: Plaintiff demands judgment against the Defendant or Defendants identified in this count for compensatory damages proved at trial, costs, and other relief allowed by law, subject to the liability allocation in 42 Pa.C.S. § 7102(a.1).

VI. THIRD CAUSE OF ACTION — CONSTRUCTION SAFETY NEGLIGENCE

(Against Defendants with a Supported Duty and Role)

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

26. Defendant [NAME] controlled [DESCRIBE WORK OR SAFETY RESPONSIBILITY] and failed to use reasonable care in that work.

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

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

28. Identify any Pennsylvania or federal safety standard only after confirming that it governed this Defendant, activity, and worksite on the incident date. A regulatory violation here does not itself establish a private OSHA damages claim or automatic negligence effect. See 29 U.S.C. § 653(b)(4).

29. The safety conduct alleged above supports Plaintiff's negligence claim and directly and proximately caused Plaintiff's injuries and damages.

Demand for relief — Count III — Construction Safety Negligence: Plaintiff demands judgment against the Defendant or Defendants identified in this count for compensatory damages proved at trial, costs, and other relief allowed by law, subject to the liability allocation in 42 Pa.C.S. § 7102(a.1).

VII. FOURTH CAUSE OF ACTION — STATUTORY NEGLIGENCE

(Against All Defendants)

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

31. If a current Pennsylvania safety rule governed Defendant [NAME] and the work at issue, identify it here: [RULE AND EFFECTIVE DATE]. Describe the conduct that breached the applicable duty: [FACTS].

32. Plaintiff was [DESCRIBE PROTECTED STATUS] at the worksite when the unsafe conduct occurred.

33. That conduct directly and proximately caused [DESCRIBE INJURY].

34. The pleaded safety conduct supports the negligence claim above. State a further civil effect only after identifying current Pennsylvania authority for this Defendant, duty, and injury; no separate OSHA damages remedy is sought. See 29 U.S.C. § 653(b)(4).

Demand for relief — Count IV — Statutory Negligence: Plaintiff demands judgment against the Defendant or Defendants identified in this count for compensatory damages proved at trial, costs, and other relief allowed by law, subject to the liability allocation in 42 Pa.C.S. § 7102(a.1).

VIII. FIFTH CAUSE OF ACTION — THIRD-PARTY LIABILITY

(Against Defendants Subject to a Third-Party Tort Claim)

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

36. At all relevant times, Plaintiff's direct employer was [EMPLOYER NAME], and Plaintiff was covered by workers' compensation insurance pursuant to the Pennsylvania Workers' Compensation Act (Act of June 2, 1915, P.L. 736, No. 338).

37. Defendant [IDENTIFY DEFENDANT] [DESCRIBE ITS OWN ACT OR OMISSION AND THE FACTS SHOWING WHY IT IS NOT PLAINTIFF'S EMPLOYER OR A STATUTORY EMPLOYER UNDER SECTIONS 203 AND 302(a)-(b) OF THE WORKERS' COMPENSATION ACT]. Plaintiff alleges that § 303(a)'s exclusive remedy does not bar the claim against this Defendant on those facts and seeks damages under § 303(b).

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

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

Demand for relief — Count V — Third-Party Liability: Plaintiff demands judgment against the Defendant or Defendants identified in this count for compensatory damages proved at trial, costs, and other relief allowed by law, subject to the liability allocation in 42 Pa.C.S. § 7102(a.1).

IX. DAMAGES

40. 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
☐ Future medical expenses
☐ Past lost wages and earnings
☐ Future lost wages and diminished earning capacity
☐ Rehabilitation and therapy costs
☐ Property damage
☐ 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

41. Plaintiff alleges that any negligence attributable to Plaintiff, if any, was not greater than the combined causal negligence of the Defendant or Defendants against whom recovery is sought, and therefore does not bar recovery under 42 Pa.C.S. § 7102(a).

42. Plaintiff's damages, if any comparative fault is found, shall be reduced in proportion to Plaintiff's percentage of fault pursuant to 42 Pa.C.S. § 7102.

XI. JURY DEMAND

43. Plaintiff hereby demands a trial by jury on all issues so triable pursuant to Pa.R.C.P. 1007.1.

XII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against each Defendant for that Defendant's apportioned share, with joint and several liability only if an exception in 42 Pa.C.S. § 7102(a.1)(3) is established, as follows:

1. Compensatory damages, both economic and noneconomic, in an amount to be determined at trial;
2. Punitive damages where Defendants' conduct is shown to be outrageous, willful, wanton, or reckless;
3. Delay damages pursuant to Pa.R.C.P. 238;
4. Pre-judgment and post-judgment interest as allowed by law;
5. Costs of suit and reasonable attorney's fees as permitted by law;
6. Such other and further relief as this Court deems just and proper.

XIII. VERIFICATION

COMMONWEALTH OF PENNSYLVANIA
COUNTY OF [________________________________]

I, [PLAINTIFF FULL NAME], being duly qualified according to law, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

_________________________________________
[PLAINTIFF FULL NAME]

Date: [__/__/____]

Respectfully submitted,

_________________________________________
[ATTORNEY NAME], Pa. ID No. [____]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Pennsylvania [ZIP]
Telephone: [____]
Email: [____]

Attorney for Plaintiff

Certification of Compliance with Case Records Public Access Policy

I certify that this filing complies with the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, including its provisions for confidential information and documents.

Date: [__/__/____]

Signature: [________________________________]

Printed name: [ATTORNEY OR UNREPRESENTED FILER]

STATE-SPECIFIC NOTES — PENNSYLVANIA

SOURCES AND REFERENCES

• Pa.R.C.P. 205.5 civil cover sheet, reproduced on an official court form — file the separate cover sheet when required

• 42 Pa.C.S. § 5524 — Statute of limitations for personal injury

• 42 Pa.C.S. § 7102 — Comparative negligence
• Pennsylvania Workers' Compensation Act (Act of June 2, 1915, P.L. 736, No. 338)
• Workers' Compensation Act §§ 203, 302(a)-(b), 303(a)-(b) — Statutory-employer issues, exclusive remedy, and third-party actions
• Pa.R.C.P. 1042.3 — Certificate of Merit for professional liability
• 29 C.F.R. Part 1926 — Federal OSHA construction safety standards
• Yoder v. McCarthy Construction, Inc., 43 EAP 2024 (Pa. 2025)