Worker Injury on Construction Site: Owner Liability Post-Delegation
Synthèse Legislator
Généré par l'IAA worker, injured due to a fall from scaffolding while performing construction work on a private building site, sued the property owner for damages based on the owner's responsibility for the safety of the premises under civil law. The lower court had rejected the claim, finding that the owner had properly delegated supervision and safety responsibilities to a contractor. The High Court upheld the lower court's decision, reasoning that the owner of the building under construction, who delegates the general direction and supervision of the work to an entrepreneur (contractor), is relieved of the specific liability imposed for accidents occurring on the site, provided the delegation was complete and the accident did not result from a defect in the structure itself.
Regeste Legislator
Généré par l'IAWorker Injury on Construction Site: Owner Liability Post-Delegation: The lower court had rejected the claim, finding that the owner had properly delegated supervision and safety responsibilities to a contractor. The High Court upheld the lower court's decision, reasoning that the owner of the building under construction, who delegates the general direction and supervision of the work to an entrepreneur (contractor), is relieved of the specific liability imposed for accidents occurring on the site, provided the delegation was complete and the accident did not result from a defect in the structure itself.