Construction Accident Complaint - Wisconsin

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 — Safe Place Statute Violation
7. Third Cause of Action — Premises Liability
8. Fourth Cause of Action — Construction Safety Negligence
9. Fifth Cause of Action — Statutory Negligence
10. Sixth Cause of Action — Third-Party Liability
11. Damages
12. Comparative Fault
13. Jury Demand
14. Prayer for Relief
15. Verification
16. State-Specific Notes

CAPTION

STATE OF WISCONSIN
CIRCUIT COURT
[________________________________] COUNTY

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 Wisconsin.

1A. [ADDITIONAL PLAINTIFF NAME], [RELATIONSHIP TO INJURED PLAINTIFF], joins as a Plaintiff to assert the derivative claim identified in paragraph 46A, if applicable.

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 original jurisdiction over this civil action under Wis. Const. art. VII, § 8.

6. Venue is proper in [____] County pursuant to Wis. Stat. § 801.50 because [the accident occurred in this county / one or more Defendants reside in this county / Defendants conduct substantial business in this county].

7. Plaintiff seeks relief for the injuries and losses alleged below.

7A. If any Defendant is a governmental body or an official, agent, or employee acting in that capacity: Plaintiff served written notice of the circumstances of the claim within 120 days after the event under Wis. Stat. § 893.80(1d)(a), or that Defendant had actual notice and the delay caused no prejudice. Plaintiff also presented an itemized claim with Plaintiff's address to the appropriate clerk or secretary, and the claim was disallowed under § 893.80(1d)(b). State the dates and facts: [DETAILS].

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 [____], Wisconsin (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 the duties applicable to their roles under Wis. Stat. § 101.11 (Safe Place Statute). Where a Defendant was subject to federal construction safety standards, the applicable provisions of 29 C.F.R. Part 1926, including § 1926.451 for scaffolds, governed its work.

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 applicable scaffold requirements under 29 C.F.R. § 1926.451
☐ [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 — SAFE PLACE STATUTE VIOLATION

(Against Property Owner, General Contractor, and Employers of Frequenters)

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

20. Wis. Stat. § 101.11 (the "Safe Place Statute") requires every employer and every owner of a place of employment or public building to construct, repair, and maintain such place of employment so as to render the same safe.

21. At all relevant times, the construction site was a "place of employment" within the meaning of Wis. Stat. § 101.11, and Plaintiff was an "employee" or "frequenter" as defined by the statute.

22. Defendants, as owners and/or employers exercising control over the construction site, had a statutory duty under Wis. Stat. § 101.11 to:

☐ Construct, repair, and maintain the place of employment to render it safe
☐ Furnish and use safety devices and safeguards
☐ Adopt and use methods and processes reasonably adequate to render such employment and places of employment safe
☐ Do every other thing reasonably necessary to protect the life, health, safety, and welfare of employees and frequenters

23. Defendants breached their statutory duty by permitting unsafe conditions to exist, including: [DESCRIBE UNSAFE CONDITIONS].

24. The unsafe conditions constituted a violation of Wis. Stat. § 101.11 and were the direct and proximate cause of Plaintiff's injuries and damages.

VI. THIRD CAUSE OF ACTION — PREMISES LIABILITY

(Against Property Owner and General Contractor)

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

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

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

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

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

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

VII. FOURTH CAUSE OF ACTION — CONSTRUCTION SAFETY NEGLIGENCE

(Against Defendants with a Supported Duty and Role)

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

32. Defendant [NAME] controlled [DESCRIBE WORK OR SAFETY RESPONSIBILITY]. Plaintiff alleges that Defendant failed to use reasonable care in that work.

33. 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]

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

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

VIII. FIFTH CAUSE OF ACTION — STATUTORY NEGLIGENCE

(Against All Defendants)

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

37. Defendant [NAME], as [OWNER / EMPLOYER] under Wis. Stat. § 101.11, failed to [DESCRIBE UNSAFE CONDITION OR CONDUCT], as alleged in the Second Cause of Action. State any additional statutory duty here only after identifying the current provision and its application to this Defendant.

38. Plaintiff was [AN EMPLOYEE / A FREQUENTER] at the place of employment and was exposed to [DESCRIBE CONDITION].

39. The alleged unsafe condition directly and proximately caused [DESCRIBE INJURY].

40. This count supplements the Safe Place claim above; it does not seek a separate OSHA damages remedy or assume that a regulation establishes negligence per se. See 29 U.S.C. § 653(b)(4).

IX. SIXTH CAUSE OF ACTION — THIRD-PARTY LIABILITY

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

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

42. At all relevant times, Plaintiff's direct employer was [EMPLOYER NAME], and Plaintiff was covered by workers' compensation insurance pursuant to Wis. Stat. ch. 102.

43. Defendant [IDENTIFY DEFENDANT] [DESCRIBE ITS OWN CONDUCT AND THE FACTS SHOWING WHY IT IS NOT AN EMPLOYER, COEMPLOYEE, OR WORKER'S COMPENSATION INSURANCE CARRIER PROTECTED BY WIS. STAT. § 102.03(2)]. For any contractor or subcontractor named here, [STATE FACTS ABOUT THE CONTRACTING RELATIONSHIP, WORKER'S COMPENSATION COVERAGE, AND WHETHER WIS. STAT. § 102.06 APPLIES]. Plaintiff asserts a third-party tort claim against [IDENTIFY DEFENDANT] under Wis. Stat. § 102.29(1)(a) on the facts pleaded above.

43A. Plaintiff gave [EMPLOYER / COMPENSATION INSURER] reasonable notice of this third-party claim on [DATE] and an opportunity to join and be represented by counsel, as required by Wis. Stat. § 102.29(1)(a). [NAME OF PERSON WITH AN EXISTING SUBROGATED CLAIM] is joined as [PLAINTIFF / DEFENDANT / INVOLUNTARY PLAINTIFF] under Wis. Stat. § 803.03(2)(a). [IF NO PERSON HAS AN EXISTING SUBROGATED CLAIM, STATE THE FACTS AND OMIT THE PRECEDING JOINDER SENTENCE.]

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

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

X. DAMAGES

46. 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

46A. [ADDITIONAL PLAINTIFF NAME], if joined under paragraph 1A, separately seeks damages for the following derivative loss arising from Plaintiff's injuries, subject to proof of entitlement:

☐ Loss of consortium
☐ Loss of society and companionship: [STATE RELATIONSHIP AND BASIS]

XI. COMPARATIVE FAULT

47. Plaintiff alleges that any negligence attributable to Plaintiff, if any, was not greater than the negligence of each person against whom recovery is sought. Under Wis. Stat. § 895.045(1), Plaintiff's negligence is measured separately against each person found causally negligent.

48. Plaintiff's damages, if any comparative fault is found, shall be reduced in proportion to Plaintiff's percentage of fault pursuant to Wis. Stat. § 895.045.

XII. JURY DEMAND

49. Plaintiff demands a trial by jury on all issues so triable. Under Wis. Stat. § 805.01(2), this demand must be made by the first scheduling or pretrial conference, whichever occurs first. The party demanding a jury must pay the fee under § 814.61(4) within the time allowed for the demand; without payment, no jury may be called.

XIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against each Defendant according to its allocated share of causal negligence under Wis. Stat. § 895.045(1), with joint and several liability only for a Defendant whose share meets the statutory threshold, as follows:

1. Compensatory damages, both economic and noneconomic, in an amount to be determined at trial;
2. Punitive damages, if the evidence shows that a Defendant acted maliciously toward Plaintiff or in intentional disregard of Plaintiff's rights under Wis. Stat. § 895.043(3), subject to the limit in § 895.043(6) and any applicable statutory exception;
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.

XIV. VERIFICATION

STATE OF WISCONSIN
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], State Bar No. [____]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Wisconsin [ZIP]
Telephone: [____]
Email: [____]

Attorney for Plaintiff

STATE-SPECIFIC NOTES — WISCONSIN

SOURCES AND REFERENCES

• Wis. Stat. § 893.54 — Three-year statute of limitations
• Wis. Stat. § 895.045 — Modified comparative negligence
• Wis. Stat. § 802.02(1m)(a) — https://docs.legis.wisconsin.gov/statutes/statutes/802.pdf
• Wis. Const. art. VII, § 8 — https://docs.legis.wisconsin.gov/constitution/wi.pdf
• Wis. Stat. § 101.11 — Safe Place Statute
• 29 C.F.R. § 1926.451 — Federal scaffold requirements
• Wis. Stat. ch. 102 — Workers' Compensation Act
• Wis. Stat. §§ 102.03(2), 102.06, 102.29(1)(a) — Exclusive remedy, contractor compensation responsibility, and third-party claims
• Brons v. Bischoff, 89 Wis. 2d 80 (1979)
• Dykstra v. Arthur G. McKee & Co., 92 Wis. 2d 17 (1979)
• 29 C.F.R. Part 1926 — Federal OSHA construction safety standards