LIEB BLOG

How current events impact your business and real estate holdings

Tuesday, February 23, 2021

Home Construction Injuries - How to Get Sued and Lose

Generally, homeowners are exempt from liability for construction-related injuries that happen in their home. 


However, homeowners become liable if they direct or control the method and manner of work. 


What does that rule mean to you?


The Appellate Courts, in O'Mara v. Ranalli, just taught us that it is a jury question where there is evidence that the homeowner did the following acts:

  • Supplied the ladders used by the contractors;
  • Being on site and giving direction nearly every day; and 
  • Deciding not to permit the installation of stairs from the basement to the first floor in the face of the contractor insisting that it was needed for safer and easier access to the first floor.

If you get called to jury duty on this one, how would you decide? Did the homeowner direct or control the method and manner of work? Should the homeowner be responsible for ensuing injuries?




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