In Texas, an owner or occupier of land has no duty to ensure that a subcontractor performs work safely. General contractors also have no duty to ensure that subcontractors perform work in a safe manner. Both owner and occupiers of land and general contractors are not liable for the wrongful death or personal injuries to third party individuals caused by the acts or omissions of a subcontractor or the subcontractor’s employees.
However, subcontractors are responsible for performing work in a safe manner. The subcontractors are also responsible for providing a safe workplace place for their employees. It is not uncommon to have workplace injuries on construction sites. Work place injuries may result in the amputation of fingers, limbs, brain injuries or a wrongful death case. Because it is the subcontractor’s responsibility to provide a safe work place, it should not be the responsibility of the general contractor or property owner. The reasoning for this is that the subcontractor is better positioned to know and remove the hazards in the work environment. The subcontractor is in the best position to prevent a workplace injury for the sake of its own employees. To better understand the responsibilities between property owners and contractors, examine the construction contract. Whether the construction project is big or small, there should always be a contract between property owners, general contractors and subcontractors.
There are still certain exceptions to the rules described above. If you have questions about the exceptions, contact a Texas personal injury lawyer that has experience in real estate and construction law. You can reach a Houston, Texas lawyer at 713-572-4900.
– Article By Richard Weaver
