Construction Accident Complaint - Washington

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 SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR [________________________________] COUNTY

[PLAINTIFF FULL NAME],
Plaintiff,

v.

[DEFENDANT FULL NAME],

Defendant(s).

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 Washington.

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 RCW 2.08.010 (general jurisdiction of the Superior Court).

6. Venue is proper in [____] County pursuant to RCW 4.12.020 because [the accident occurred in this county / one or more Defendants reside in this county].

7. This action seeks damages for personal injuries in an amount to be determined at trial, without stating a dollar amount in this complaint, under RCW 4.28.360.

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 [____], Washington (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. 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 WISHA standards (RCW 49.17)
☐ Failing to comply with WAC 296-874 (scaffold safety)
☐ [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 — 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 Washington or federal safety standard only after confirming that it governed this Defendant, activity, and worksite on the incident date. A proven breach of an applicable duty may be considered as evidence of negligence under RCW 5.40.050; it does not itself establish negligence per se or a separate OSHA damages remedy. 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 Washington 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. Any breach of an applicable statutory or regulatory duty may be considered as evidence of negligence under RCW 5.40.050, subject to proof of duty, breach, and causation.

VIII. FIFTH CAUSE OF ACTION — THIRD-PARTY LIABILITY

(Against Defendants Subject to a Third-Person Action)

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 the Washington Industrial Insurance Act pursuant to Title 51 RCW.

37. Defendant [IDENTIFY DEFENDANT] was not in Plaintiff's same employ within RCW 51.24.030(1) because [PLEAD FACTS ABOUT ITS RELATIONSHIP TO PLAINTIFF AND PLAINTIFF'S EMPLOYER]. If that Defendant let a contract for Plaintiff's work, [STATE THE CONTRACTING AND INDUSTRIAL INSURANCE PREMIUM FACTS RELEVANT TO RCW 51.12.070]. Defendant [DESCRIBE ITS OWN ACT OR OMISSION CAUSING THE INJURY], for which Plaintiff seeks damages under RCW 51.24.030(1).

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
☐ 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. Pursuant to RCW 4.22.005, Washington follows a pure comparative fault system. Ordinary contributory fault diminishes recovery in proportion to Plaintiff's percentage of fault but does not itself bar recovery. Separate complete defenses can apply in personal-injury or wrongful-death cases under RCW 5.40.060 (intoxication, causation, and more than 50% fault) and RCW 4.24.420 (felony-related causation), subject to their statutory conditions.

XI. JURY DEMAND

42. Plaintiff hereby demands a trial by jury on all issues so triable pursuant to CR 38. Serve and file this written demand and pay the jury fee when demanded under CR 38(b): $125 for six jurors or $250 for 12 jurors under RCW 36.18.016(3)(a).

XII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants in the shares or manner of liability permitted by RCW 4.22.070, as follows:

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

XIII. VERIFICATION

STATE OF WASHINGTON
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], WSBA No. [____]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Washington [ZIP]
Telephone: [____]
Email: [____]

Attorney for Plaintiff

STATE-SPECIFIC NOTES — WASHINGTON

SOURCES AND REFERENCES

• RCW 4.16.080 — Three-year statute of limitations
• RCW 4.22.005 — Pure comparative fault
• RCW 49.17 — WISHA (Washington Industrial Safety and Health Act)
• WAC 296-874 — Scaffold safety rules
• Title 51 RCW — Industrial Insurance (workers' compensation)
• RCW 51.24.030(1)-(2) — Third-party claims and notice when filing
• RCW 51.04.010; RCW 51.12.070 — Industrial insurance remedy and premiums for contract work
• 29 C.F.R. Part 1926 — Federal OSHA construction safety standards