Hilary Simon and Kristiana Zuccarini | Kennedy’s The Appellate Division of the State of New York, First Department recently reversed a lower court decision, holding that a subcontractor did not owe a duty of care to a plaintiff working on a jobsite and therefore, determined that the subcontractor could not be held liable for a… Continue reading Recent First Department Decision Revisits Duty of Care and Common Law Negligence
Tag: Duty of Care
Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling
Jamison Rayfield and Brian Slome | Lewis Brisbois The California Court of Appeal recently reversed a summary judgment ruling in favor of a geotechnical engineering firm that had conducted a brief inspection of a residential construction project’s footing trench for $360. The case arose when homeowner Cheryl Lynch experienced significant property damage after her home’s… Continue reading Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling
Negligent Inspection Claim Against Supervising Design Professional/Consultant
David Adelstein | Florida Construction Legal Updates Can a negligence argument be created against consulting design professionals or entities that are involved in the inspection of a trade’s work? The recent opinion in Bautech USA, Inc. v. Resolve Equipment, Inc., 2023 WL 4186395 (S.D.Fla. 2023) contains an interesting fact pattern that touches upon this issue. While the case dealt with… Continue reading Negligent Inspection Claim Against Supervising Design Professional/Consultant
In Utah, Asbestos Take-Home Exposure Equates to Damages Exposure For Premises Operators and Contractors
Mark Morris and Tyson Prisbrey | Snell & Wilmer In its decision Larry Boynton v. Kennecott Utah Copper, LLC, 2021 UT 40, the Utah Supreme Court found that premises operators owed a duty of care to prevent take-home exposure to asbestos dust not only its employees, but also to independent contractors on the premises. The Court… Continue reading In Utah, Asbestos Take-Home Exposure Equates to Damages Exposure For Premises Operators and Contractors
Issue of Control Dictates Duty Owed to Subcontractor’s Employees
Colin Durham | Framing Issues A general contractor owes a duty of care to its independent contractor’s employees only if the general contractor retains actual or contractual control over the means and methods of the independent contractor’s work according to the Texas Supreme Court. In December of 2013, Jose Hernandez was working for Capform, Inc.… Continue reading Issue of Control Dictates Duty Owed to Subcontractor’s Employees