Assumption of a Duty to Provide a Safe Workplace in Indiana
Although there is a general rule in Indiana that there is no duty to provide a safe workplace for independent contractors, a recent Indiana Court of Appeals should remind general contractors that they can quite easily become liable for jobsite injuries by assuming the duty to provide a safe workplace.
In Peterson v. Ponda, 893 N.E.2d 1100 (Ind. Ct. App. 2008), the Petersons owned some residential property and acted as general contractors by supervising the construction of their new home. They hired Robert Ponda as a subcontractor to help install sheet metal roofing on the home. One day when working at the site, there was ice and snow on the roof. Although Ponda had the option of using scaffolding or nailing a board to the roof to prevent falling, he climbed onto the roof without using any safety measures. He fell and was injured.
The trial court decided that Ponda was an independent contractor of the Petersons, not an employee. Based on Indiana's general rule that an owner of property has no duty to provide an independent contractor with a safe place to work, the Peterson's requested that the court throw out Ponda's personal injury claim. The court noted that while the Peterson's may not be under a general duty to provide a safe work place, they could gratuitously or voluntarily assume such a duty. The court stated that the determination of whether the Petersons assumed a duty of care turned on their control or active supervision of safety at the job site. The Petersons argued that they did not assume such a duty because they did not appoint a safety director, hold safety meetings, prescribe safety precautions, or provide written safety rules. But the court held that because Ponda presented evidence that the Petersons were present on the site almost every day, directed Ponda where to work, and provided safety equipment at the site, it was up to a jury to decide whether the Peterson's had voluntarily assumed a duty to provide Ponda with a safe workplace.
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C. Michael Shull, III focuses his practice on construction law and litigation. Michael's client representations range from casinos and ENR Top 400 contractors to design firms and subcontractors.