The Supreme Court of Texas recently issued an opinion in a case involving a property owner’s liability for injuries an employee contractor sustained while working on the property. The case arose when the two construction workers suffered injuries while working on a condominium project owned by the defendant. The defendant hired an individual instead of a general contractor to manage the project. A high-voltage power line hung behind the property, and the defendants told the project manager about the line because it was “too close” to the building. The project manager advised the plaintiffs to begin the project even though the power line was still intact. While working on the project, electricity shot down the rebar, and the power line snapped, causing the workers to suffer burns and other serious injuries.
The workers filed a negligence lawsuit against the power company and the defendants. The trial court entered a judgment per a jury finding that the property owner was liable under ordinary-negligence and premises-liability theories.
The defendant appealed, arguing that the employee’s evidence was not legally sufficient under Chapter 95. In response, the plaintiffs argued that the Chapter does not apply, the defendant waived some arguments, and the evidence was legally sufficient. Amongst several issues, the defendant argued that they could not be held liable because the danger was open and obvious. Under Texas law, a danger is open and obvious when the invitee possesses “knowledge and full appreciation” of the hazard’s extent and nature. Typically, when the danger is open and obvious, the property owner does not maintain a duty to warn of the danger or make the premises safe. Inquiries regarding whether a danger is open and obvious are not subjective but rather what a reasonably prudent person would have known. Courts will look to the totality of the “particular circumstances.”
In this case, the plaintiffs testified that they knew the power line ran along the property, but they did not know or think that the line was energized. They explained that the owner told them that he had advised the power company to turn off the power, and in other cases, the lines were not live when they worked for the owner. However, the court found that although the power line was open and obvious, the fact that it was live was not. Therefore, the nature and extent of the hazard were not sufficient to make the property reasonably safe.
Have You Suffered Injuries Because of a Negligent Property Owner?
If you or someone you love has suffered injuries because of another’s negligence, contact the attorneys at Carabin Shaw to discuss your rights and remedies. Our law firm attorneys possess the skills, resources, and experience that these complex personal injury claims entail. We handle injury cases stemming from Texas motor vehicle accidents, slip and falls, defective products, medical negligence and more. Our attorneys understand the respect, compassion, and zealous advocacy that our clients deserve. We have recovered substantial amounts of compensation for our clients. Contact our office at 800-862-1260 to schedule a free initial consultation with an attorney on our team.