Construction Accident Complaint - Texas

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 / Non-Subscriber Claims
10. Damages
11. Proportionate Responsibility
12. Jury Demand
13. Prayer for Relief
14. Verification
15. State-Specific Notes

CAPTION

IN THE DISTRICT COURT OF [________________________________] COUNTY, TEXAS

[____] JUDICIAL DISTRICT

[PLAINTIFF FULL NAME],
Plaintiff,

v.

[DEFENDANT FULL NAME],

Defendant(s).

Cause No.: [________________________________]

PLAINTIFF'S ORIGINAL PETITION — CONSTRUCTION ACCIDENT

I. PARTIES

1. Plaintiff intends to conduct discovery under Level [1 / 2 / 3] of Tex. R. Civ. P. 190. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [COUNTY] County, Texas. Under Tex. Civ. Prac. & Rem. Code § 30.014(a), Plaintiff's driver's license number, if issued, ends in [LAST THREE DIGITS / NOT ISSUED], and Plaintiff's Social Security number, if issued, ends in [LAST THREE DIGITS / NOT ISSUED]. Enter only the last three digits of each issued number.

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. Service of process may be had upon its registered agent, [REGISTERED AGENT NAME], at [REGISTERED AGENT ADDRESS].

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 because the amount in controversy exceeds the minimum jurisdictional limits of this Court.

6. Venue is proper in [____] County pursuant to Tex. Civ. Prac. & Rem. Code § 15.002 because [all or a substantial part of the events giving rise to the claim occurred in this county / Defendant's principal office is in this county].

7. Disclosure Pursuant to Tex. R. Civ. P. 47(c): Plaintiff seeks [SELECT ONE]:

☐ Only monetary relief of $325,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs.

☐ Monetary relief of $325,000 or less and non-monetary relief.

☐ Monetary relief over $325,000 but not more than $1,000,000.

☐ Monetary relief over $1,000,000.

☐ Only non-monetary relief.

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 [____], Texas (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' knowledge and control must be alleged separately. For any property-owner claim governed by Tex. Civ. Prac. & Rem. Code Chapter 95, Plaintiff alleges that the owner retained or exercised control over the manner of the work beyond ordering it started or stopped, inspecting progress, or receiving reports; had actual knowledge of the danger causing the injury; and failed to warn adequately. Facts supporting those allegations: [DESCRIBE SPECIFIC CONTROL, ACTUAL KNOWLEDGE, AND WARNING FAILURE].

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)
☐ Retaining or exercising control over the work in a negligent manner
☐ [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 the premises located at [CONSTRUCTION SITE ADDRESS]. This claim ☐ arises / ☐ does not arise from the condition or use of an improvement being constructed, repaired, renovated, or modified by a contractor or subcontractor. If it arises from that work, Tex. Civ. Prac. & Rem. Code Chapter 95 applies as stated in paragraphs 21–23.

21. Defendant Property Owner retained or exercised control over the manner of the work beyond merely ordering work to start or stop, inspecting progress, or receiving reports, as shown by [SPECIFIC OWNER DIRECTION OR CONTROL]. Defendant General Contractor's separate control and duties are [DESCRIBE].

22. Defendant Property Owner had actual knowledge of the danger or condition that caused the injury, as shown by [DESCRIBE WHO KNEW WHAT AND WHEN], and failed to warn adequately. Plaintiff alleges the Owner's liability under § 95.003 only if both this actual-knowledge requirement and paragraph 21's control requirement are met. Other Defendants' duties depend on their respective roles and conduct.

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 — 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 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.

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 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 Texas authority for this Defendant, duty, and injury; no separate OSHA damages remedy is sought. See 29 U.S.C. § 653(b)(4).

VIII. FIFTH CAUSE OF ACTION — THIRD-PARTY LIABILITY / NON-SUBSCRIBER CLAIMS

(Against Defendants Other Than Plaintiff's Employer, and/or Non-Subscriber Employer)

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

If Employer is a Workers' Compensation Subscriber:

36. At all relevant times, Plaintiff's direct employer was [EMPLOYER NAME], and Plaintiff was covered by workers' compensation insurance pursuant to Tex. Lab. Code § 401.001 et seq.

37. Plaintiff alleges that [LIST THIRD-PARTY DEFENDANTS] were neither Plaintiff's direct employer nor a statutory employer that provided workers' compensation coverage under a written agreement with a subcontractor under Tex. Lab. Code § 406.123. [STATE FACTS SUPPORTING EACH DEFENDANT'S THIRD-PARTY STATUS AND ABSENCE OF SUCH AN AGREEMENT.] On those facts, these defendants are not entitled to the exclusive remedy under § 408.001. Check each general contractor's coverage arrangements before making this allegation.

If Employer is a Non-Subscriber:

38. At all relevant times, Plaintiff's employer [EMPLOYER NAME] was a non-subscriber to Texas workers' compensation and did not carry workers' compensation insurance.

39. As a non-subscriber, the employer is liable for negligence and cannot assert the defenses of contributory negligence, assumption of risk, or fellow servant pursuant to Tex. Lab. Code § 406.033.

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 (past and future)
☐ Mental anguish and emotional distress (past and future)
☐ Physical impairment (past and future), including lost ability to engage in former activities where supported; avoid counting the same loss again under pain, suffering, or mental anguish
☐ Disfigurement (past and future)

Loss of consortium belongs to the uninjured spouse. If a spouse has a viable claim against a defendant outside the workers' compensation exclusive remedy, join the spouse as a separate plaintiff and plead that claim separately; do not include it in the injured worker's damages checklist.

Exemplary (Punitive) Damages:

☐ Exemplary damages for gross negligence, fraud, or malice

X. PROPORTIONATE RESPONSIBILITY

41. Plaintiff alleges that Plaintiff's percentage of responsibility, if any, does not exceed fifty percent (50%) of the total responsibility and therefore does not bar recovery under Tex. Civ. Prac. & Rem. Code § 33.001 et seq.

42. Plaintiff's damages, if any proportionate responsibility is found, shall be reduced in proportion to Plaintiff's percentage of responsibility.

XI. JURY DEMAND

43. Plaintiff hereby demands a trial by jury and tenders the appropriate jury fee.

XII. PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that upon final trial, Plaintiff have judgment against each liable Defendant under Tex. Civ. Prac. & Rem. Code § 33.013, with joint and several liability only where subsection (b) applies, for:

1. Compensatory damages, both economic and noneconomic, in an amount to be determined by the jury;
2. Exemplary damages as permitted under Tex. Civ. Prac. & Rem. Code Chapter 41;
3. Pre-judgment and post-judgment interest as allowed by law;
4. Costs of suit;
5. Such other and further relief as this Court deems just and proper.

XIII. VERIFICATION

STATE OF TEXAS
COUNTY OF [________________________________]

BEFORE ME, the undersigned authority, on this day personally appeared [PLAINTIFF FULL NAME], who, being by me duly sworn, deposed and stated that the factual allegations contained in the foregoing Original Petition are true and correct to the best of [his/her] knowledge, information, and belief.

_________________________________________
[PLAINTIFF FULL NAME]

SUBSCRIBED AND SWORN TO BEFORE ME on this [____] day of [________], [____].

_________________________________________
Notary Public, State of Texas
My Commission Expires: [__/__/____]

Respectfully submitted,

_________________________________________
[ATTORNEY NAME], State Bar No. [____]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Texas [ZIP]
Telephone: [____]
Facsimile: [____]
Email: [____]

Attorney for Plaintiff

STATE-SPECIFIC NOTES — TEXAS

SOURCES AND REFERENCES

• Tex. Civ. Prac. & Rem. Code § 16.003 — Two-year statute of limitations
• Tex. Civ. Prac. & Rem. Code § 33.001 — Proportionate responsibility
• Tex. Civ. Prac. & Rem. Code Chapter 41 — Exemplary (punitive) damages
• Tex. Lab. Code § 401.001 et seq. — Workers' Compensation Act
• Tex. Lab. Code § 406.033 — Non-subscriber defenses
• Tex. R. Civ. P. 47 — Damages bracket pleading requirement
• 29 C.F.R. Part 1926 — Federal OSHA construction safety standards