Are General Contractors Liable for Subcontractor’s employee injuries?
Approximately one (1) year ago, the Texas Supreme Court addressed the scope of a general contractor’s duty of care to its subcontractors’ employees on a project site. The case was JLB Builders, L.L.C. v. Hernandez, in which the Texas Supreme Court dismissed the negligence claims of an injured subcontractor employee on the grounds that the general contractor did not retain actual or contractual control over the injured subcontractor employee’s work. Note: Despite the ruling in JLB, a general contractor in Texas should consider including language in their subcontracts that the general contractor does not have authority or supervision over the manner and means of the subcontractor’s work, as well as that the subcontractor takes full responsibility for its employees and their safety.