Property Owner vs. Contractor: Custodianship of Construction Site Hazards

A plaintiff, injured in an accident caused by an object falling from a construction site, sued the property owner and the contractor for damages, asserting strict liability under Article 1384, paragraph 1 of the Civil Code, as the object's custodian. The lower court, however, dismissed the claim against the property owner, finding that the contractor, as the person exercising effective control over the site and materials, was the sole custodian responsible. The Supreme Court rejected the appeal, affirming that the trial judge correctly determined that the contractor, having the power of direction and use over the construction site and the materials that caused the damage, was the proper custodian under the stated legal provision, thus exempting the property owner from liability.