Construction Accident Complaint - South Carolina

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 — 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

STATE OF SOUTH CAROLINA
COUNTY OF [________________________________]

IN THE COURT OF COMMON PLEAS
[____] JUDICIAL CIRCUIT

[PLAINTIFF FULL NAME],
Plaintiff,

v.

[DEFENDANT FULL NAME],

Defendant(s).

Case No.: [________________________________]

COMPLAINT FOR DAMAGES — CONSTRUCTION ACCIDENT

I. PARTIES

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

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. The Court of Common Pleas is the civil division of the Circuit Court. Under S.C. Const. art. V, § 11, the Circuit Court is a general trial court with original civil jurisdiction except where exclusive jurisdiction is assigned to an inferior court. Plaintiff must confirm that no case-specific exclusive-jurisdiction rule applies.

6. Venue is alleged to be proper in [____] County under S.C. Code Ann. § 15-7-30 because [IDENTIFY EACH DEFENDANT'S TYPE AND THE APPLICABLE SUBSECTION; STATE WHERE THE DEFENDANT RESIDED OR HAD ITS PRINCIPAL PLACE OF BUSINESS WHEN THE CLAIM AROSE, AND/OR WHERE THE MOST SUBSTANTIAL PART OF THE ALLEGED ACT OR OMISSION OCCURRED].

7. Plaintiff claims damages of $[________________] or an amount to be determined by the factfinder. S.C. Code Ann. § 22-3-10(2) gives magistrates concurrent jurisdiction over specified personal- or property-injury damages actions when the damages claimed do not exceed $7,500; that ceiling is not a minimum amount-in-controversy requirement for the Court of Common Pleas.

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 [____], South Carolina (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. At all relevant times, Defendants had a duty to maintain a safe construction site in accordance with applicable federal and state safety regulations, including 29 C.F.R. Part 1926 and South Carolina OSHA standards.

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. 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.

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)
☐ Failing to comply with South Carolina OSHA requirements
☐ [OTHER SPECIFIC NEGLIGENT ACTS OR OMISSIONS]

18. 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)

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.

VI. THIRD CAUSE OF ACTION — OSHA/SAFETY VIOLATIONS

(Against All Defendants)

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

26. South Carolina operates a state OSHA plan (SC OSHA). At all relevant times, Defendants were required to comply with the Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.) and the construction safety standards set forth in 29 C.F.R. Part 1926 as adopted and enforced by South Carolina OSHA.

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

☐ 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
☐ 29 C.F.R. § 1926.20 — General safety and health provisions
☐ [OTHER SPECIFIC OSHA/STATE VIOLATIONS]

28. Such violations constitute negligence per se and/or evidence of negligence under South Carolina law.

29. 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)

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

31. Defendants violated applicable statutes and regulations designed to protect construction workers, including but not limited to 29 C.F.R. Part 1926, South Carolina OSHA regulations, and S.C. Code Ann. § 15-3-640.

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

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

34. Defendants' statutory violations constitute negligence per se under South Carolina law.

VIII. FIFTH CAUSE OF ACTION — THIRD-PARTY LIABILITY

(Against Defendants Other Than Plaintiff's Employer)

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 S.C. Code Ann. Title 42.

37. Defendants [LIST THIRD-PARTY DEFENDANTS] were not Plaintiff's employer and are not entitled to the protections of the exclusive remedy doctrine under S.C. Code Ann. § 42-1-540.

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.

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 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)

Punitive Damages:

☐ Punitive damages for willful, wanton, or reckless conduct

X. COMPARATIVE FAULT

41. Plaintiff alleges that any negligence attributable to Plaintiff, if any, did not exceed fifty percent (50%) of the total fault and therefore does not bar recovery under South Carolina's judicially adopted modified comparative negligence rule, Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991).

42. Plaintiff's damages, if any comparative fault is found, shall be reduced in proportion to Plaintiff's percentage of fault, and, if more than one defendant is found liable, apportionment of fault and the availability of joint-and-several liability shall be governed by S.C. Code Ann. § 15-38-15.

XI. JURY DEMAND

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

XII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

1. Compensatory damages, both economic and noneconomic, in an amount to be determined at trial;
2. Punitive damages as permitted under S.C. Code Ann. § 15-32-530;
3. Pre-judgment and post-judgment interest as allowed by law;
4. Costs of suit and reasonable attorney's fees as permitted by law;
5. Such other and further relief as this Court deems just and proper.

XIII. VERIFICATION

STATE OF SOUTH CAROLINA
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], Bar No. [____]
[LAW FIRM NAME]
[ADDRESS]
[CITY], South Carolina [ZIP]
Telephone: [____]
Email: [____]

Attorney for Plaintiff

STATE-SPECIFIC NOTES — SOUTH CAROLINA

SOURCES AND REFERENCES

• S.C. Code Ann. § 15-3-530 — Statute of limitations for personal injury
• S.C. Code Ann. § 15-3-640 — Construction liability
• S.C. Code Ann. § 15-32-530 — Punitive damages limitations
• S.C. Code Ann. § 15-38-15 — Fault apportionment / joint-and-several liability
• Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991) — Modified comparative negligence (judicially adopted)
• S.C. Code Ann. Title 42 — Workers' Compensation
• 29 C.F.R. Part 1926 — Federal OSHA construction safety standards