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Subcontractor was injured on the project site, while performing work directly for the developer. The project site had been inactive for some time, the developer performing minor work on his own.
On the day of the accident, the Contractor's superintendent had visited the project site, noticed the dangerous condition (created by the developer), and advised the developer to correct it. Who did the Subcontractor sue? If you guessed the developer, you're wrong. The Subcontractor sued the Contractor…and won.
The appellate court ruled that the Contractor had a duty to maintain the project site in a reasonably safe condition, even though it had not performed work there for almost two years. The case was sent back to the trial court for a determination of whether the project site was in fact reasonably safe.
Moral: You can't just walk away from a project. Jim Walter Homes, Inc. v. Walker, 729 So.2d 432 (Fla. 5DCA 1999). |
