Construction Accident Complaint - West Virginia

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. Safety-standard allegations supporting negligence
8. Statutory safety allegations supporting negligence
9. Third 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 CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

[PLAINTIFF FULL NAME],
Plaintiff,

v.

[DEFENDANT FULL NAME],

Defendant(s).

Civil Action No.: [________________________________]

COMPLAINT FOR DAMAGES — CONSTRUCTION ACCIDENT

Filing note: Submit a completed West Virginia Civil Case Information Statement (Form SCA-C-100), or its electronic equivalent, with this complaint. W. Va. R. Civ. P. 3(b).

I. PARTIES

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

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 W. Va. Code § 51-2-2 (general jurisdiction of the Circuit Court).

6. Venue is proper in [____] County under W. Va. Code § 56-1-1 [SELECT SUBSECTION] because [FACTS SATISFYING THAT ROUTE]. Use “does business” only within subsection (a)(2)'s corporate-entity conditions, and complete subsection (c)'s plaintiff-by-plaintiff screening.

7. The amount in controversy exceeds the jurisdictional minimum for this Court.

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 [____], West Virginia (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, each Defendant owed the duties applicable to its role and control of the work and site. The safety standards identified below apply only to a Defendant and work activity within each standard's scope.

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 W. Va. Code § 21-3-2 for covered machinery, scaffolding, hoists, or temporary floors
☐ Failing to provide the OSHA training required by W. Va. Code § 21-3-22 on a qualifying public improvement
☐ [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. Plaintiff was lawfully present at the site to [DESCRIBE WORK]. Defendant Property Owner controlled [SPECIFIC AREA], and Defendant General Contractor controlled [SPECIFIC WORK OR CONDITION]. Plaintiff alleges that these facts, together with [DESCRIBE EACH DEFENDANT'S KNOWLEDGE OF THE HAZARD], gave rise to a duty of reasonable care regarding [SPECIFIC HAZARD]. Plaintiff alleges the hazard was not open, obvious, reasonably apparent, or as well known to Plaintiff as to the possessor. Sections 55-7-27 and 55-7-28 do not themselves create the pleaded duty.

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. SAFETY-STANDARD ALLEGATIONS SUPPORTING NEGLIGENCE

(Against a Defendant only to the extent a standard applies to its conduct)

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

26. Plaintiff alleges that the following standards applied to [IDENTIFY EACH DEFENDANT AND ITS WORK OR CONTROL] at [IDENTIFY THE WORKSITE]. Section 21-3-2 concerns covered machinery and dangerous places and addresses scaffolding, hoists, and temporary floors. Section 21-3-22 concerns OSHA training on qualifying public-improvement contracts above $50,000, subject to its timing and exemptions. Select those state provisions only if the pleaded project and conduct satisfy their terms.

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
☐ W. Va. Code § 21-3-2 — Covered machinery safeguards or scaffolding, hoist, or temporary-floor standards
☐ W. Va. Code § 21-3-22 — OSHA ten-hour training on a qualifying public improvement, if all statutory conditions apply
☐ [OTHER SPECIFIC OSHA/STATE VIOLATIONS]

28. Each selected violation, if applicable to the responsible Defendant and causally connected to the injury, supports the negligence claim to the extent permitted by West Virginia law. This section alleges facts in support of negligence; it does not assert an independent cause of action created by a safety regulation. [IDENTIFY THE APPLICABLE STANDARD AND FACTS].

29. The safety violations were a direct and proximate cause of Plaintiff's injuries and damages.

VII. STATUTORY SAFETY ALLEGATIONS SUPPORTING NEGLIGENCE

(Against a Defendant only to the extent a statute applies to its conduct)

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

31. [IDENTIFY DEFENDANT] violated [IDENTIFY SPECIFIC APPLICABLE PROVISION]. If relying on W. Va. Code § 21-3-22, allege facts establishing a qualifying public improvement, a contract cost above $50,000, the worker's assignment and training timing, and why no statutory exemption applies.

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. The selected statutory violation, if proven against an actor to whom it applies, supports Plaintiff's claim that the actor breached a duty owed to Plaintiff and caused the injury. [IDENTIFY THE ACTOR, PROVISION, AND CAUSAL FACTS].

VIII. THIRD CAUSE OF ACTION — THIRD-PARTY LIABILITY

(Against Defendants for Whom Workers' Compensation Immunity Does Not Apply)

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 W. Va. Code § 23-4-1.

37. Defendant [IDENTIFY DEFENDANT] [DESCRIBE ITS OWN CONDUCT AND THE FACTS SHOWING WHY IMMUNITY UNDER W. VA. CODE §§ 23-2-6 AND 23-2-6a DOES NOT APPLY]. For any prime contractor named here, [STATE THE SUBCONTRACTOR'S COVERAGE, WHETHER THE CONTRACTOR OBTAINED A CERTIFICATE OF COVERAGE, AND THE FACTS RELEVANT TO W. VA. CODE § 23-2-1d]. Plaintiff alleges that [IDENTIFY DEFENDANTS] are liable for the conduct described above.

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 if clear and convincing evidence shows actual malice or conscious, reckless and outrageous indifference to the health, safety and welfare of others (W. Va. Code § 55-7-29(a))

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 W. Va. Code § 55-7-13a.

42. Plaintiff's damages, if any comparative fault is found, shall be reduced in proportion to Plaintiff's percentage of fault pursuant to W. Va. Code § 55-7-13a.

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 each Defendant for that Defendant's legally allocated share, subject to any applicable exception under W. Va. Code § 55-7-13c, as follows:

1. Compensatory damages, both economic and noneconomic, in an amount to be determined at trial;
2. Punitive damages as permitted under W. Va. Code § 55-7-29;
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 WEST VIRGINIA
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], WVSB No. [____]
[LAW FIRM NAME]
[ADDRESS]
[CITY], West Virginia [ZIP]
Telephone: [____]
Email: [____]

Attorney for Plaintiff

STATE-SPECIFIC NOTES — WEST VIRGINIA

SOURCES AND REFERENCES

• W. Va. Code § 55-2-12 — Two-year statute of limitations
• W. Va. Code § 55-7-13a — Modified comparative fault
• W. Va. Code §§ 21-3-2, 21-3-22 — Covered machinery and construction safeguards; qualifying public-improvement OSHA training
• W. Va. Code § 55-7-27 — Trespasser duty limit; § 55-7-28 — open-and-obvious hazard limit, reinstating the pre-Hersh doctrine
• W. Va. Code § 55-7-29 — Punitive damages cap
• W. Va. R. Civ. P. 3(b) — https://www.courtswv.gov/legal-community/court-rules/rules-civil-procedure-contents
• West Virginia Civil Case Information Statement (Form SCA-C-100) — https://www.courtswv.gov/sites/default/pubfilesmnt/2026-04/SCA-C-100.pdf
• W. Va. Code § 23-4-1 — Workers' Compensation
• W. Va. Code §§ 23-2-6, 23-2-6a — Immunity of qualifying contributing employers and covered people acting for them
• W. Va. Code § 23-2-1d — Limited prime contractor responsibility for uncovered subcontractor employees
• W. Va. Code § 23-4-2 — Deliberate-intention claims
• 29 C.F.R. Part 1926 — Federal OSHA construction safety standards