Defendant alleges it passed on responsibility for work safety measures to subcontractor
The Department of Transportation (DOT) was not liable for a construction worker’s death on the jobsite since it delegated to the subcontractor its duty to provide a safe work environment, the California Court of Appeal said in a recent case.
The case of Marin et al. v. Department of Transportation arose from a 2015 contract between the DOT and O.C. Jones & Sons, Inc. The agreement delegated to O.C. Jones, as the subcontractor, the responsibility for selecting the means and methods for performing the work, including worker safety measures.
One night, a car operated by a drunk driver entered the closed lanes of the project site. The vehicle struck and killed one of the construction workers hired by the subcontractor.
The deceased worker’s wife and minor child filed a wrongful death lawsuit seeking damages from the DOT. They alleged the following violations of California’s Government Code: vicarious liability for the negligence of employees under section 815.2 and a dangerous condition on public property under section 835.
The DOT filed a motion for summary judgment. It made the following arguments. First, it could not reasonably foresee the drunk driver’s criminal conduct. Second, it was immune from liability as a public entity under sections 830.8 and 845 of the Government Code. Third, since it properly delegated workplace safety to the subcontractor, the legal doctrine in the case...
Ed Sheeran’s controversial US tour has sparked a wave of viral rumours. A false claim that his music was removed from Spotify racked up more than 3 million views on X, despite his his music remain...