Thomas More Buckley, a partner in the firm’s Construction and Employment and Labor practices, wrote an article for Modern Contractor Solutions discussing who is liable for an injury when a subcontractor’s employee is injured.
In “Subcontractor Injuries: Determining Liability and the Responsible Party,” Tom talks about the factors that determine liability for a subcontractor’s injury, including questions of control and responsibility for the provision of proper safeguards, active supervision, delegation, and, other essential functions.
“Liability can arise where the hiring contractor entrusts work to an independent contractor, but retains control of the work and fails to use reasonable care to control the work in a safe manner. The overriding question is whether or not the subcontractor is free to perform its job according to its own independent skill, knowledge, training, and experience. Typically, where the hiring contractor does not actively supervise the work, participate in the work, or direct its means and methods, the independent contractor is seen to be a truly independent contractor and sufficient control over the work to impose liability for the independent contractor’s actions is not found.”
Read the full article here:
“Subcontractor Injuries: Determining Liability and the Responsible Party,” Modern Contractor Solutions, October 2019
More about Goldberg Segalla’s Thomas More Buckley:
Tom’s practice also entails representing clients against catastrophic personal injury and death claims, unfair trade practice claims, and a wide variety of business and contractual disputes, including employment discrimination, wrongful termination, and disputes related to business dissolution. With an intimate understanding of business operations across numerous industries backed by decades of complex litigation experience, Tom also acts as a trusted legal counselor to a wide variety of businesses and professional practitioners, advising on matters such as LLC and corporate formation, contract preparation and negotiation, and the creation of safety programs and employee handbooks.