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 / 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 [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [COUNTY] County, Texas.

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: Plaintiff seeks monetary relief of [SELECT ONE]:
   ☐ $250,000 or less
   ☐ over $250,000 but not more than $1,000,000
   ☐ over $1,000,000

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. At all relevant times, Defendants had a duty to maintain a safe construction site in accordance with applicable federal safety regulations, including 29 C.F.R. Part 1926.

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)
☐ 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, 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, to discover and make safe or warn of conditions that posed an unreasonable risk of harm.

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. 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 federal construction safety standards set forth in 29 C.F.R. Part 1926.

27. Defendants violated one or more of the following OSHA construction 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 VIOLATIONS]

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

29. The OSHA 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.

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 and/or evidence of negligence under Texas law.

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. Defendants [LIST THIRD-PARTY DEFENDANTS] were not Plaintiff's employer and are not entitled to the protections of the exclusive remedy doctrine under Tex. Lab. Code § 408.001.

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)
☐ Disfigurement (past and future)
☐ Loss of enjoyment of life
☐ Loss of consortium (if applicable)

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 Defendants, jointly and severally, 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