Jacobi Journal of Insurance Investigation

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A California appellate court has overturns $1.84 million jury verdict awarded to a subcontractor’s employee who was injured on the job. The ruling highlights the limits of liability for general contractors in workplace injury lawsuits.

Worker Claimed Unsafe Conditions Caused Injury

The injured worker sued the general contractor after falling through an unguarded skylight. He alleged that unsafe work conditions were to blame. A jury initially agreed and awarded him nearly $2 million in damages.

Defense Challenged Liability

However, the defense argued that the worker was not authorized to be in the area where he fell. They claimed he acted outside the scope of his job duties and ignored safety rules. The general contractor filed a motion for nonsuit, asserting they had no legal duty in this specific situation.

Appellate Court Overturns Verdict

On appeal, the court found that the general contractor did not owe the injured worker a duty of care. They emphasized that general contractors are not automatically responsible for the safety of subcontractor employees—especially when those employees violate safety protocols.

Moreover, the court noted that the worker’s own employer bore primary responsibility for his supervision and safety.

Broader Implications

This decision may influence future workplace injury lawsuits in California. It clarifies that general contractors are not liable unless they directly control the worksite in a way that contributes to the injury. Therefore, injured workers must prove more than just unsafe conditions—they must show a clear duty of care.

Source: Court Overturns $1.84 Million Jury Award for Work Injury Claim


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