Construction Company Liability for Subcontractor Negligence on Scaffolding

An individual, injured by an object falling from a scaffolding erected by a construction company, sued the company, arguing that the object's fall resulted from a lack of precaution during the work being carried out on the building under construction. The construction company argued that it was not liable because the object had been placed on the scaffolding by a subcontractor's employee, not one of its own, and that the subcontractor was solely responsible for the actions of its personnel. The court rejected the appeal, affirming that the primary contractor retains a non-delegable obligation of safety toward third parties concerning the work performed on the site, meaning the contractor remains liable for damage caused by the fault of any party working under its direction, including subcontractors, unless it can prove that the damage resulted from an unforeseeable and unavoidable event, or the exclusive fault of the victim, which was not established in this case.