Issue: Whether Owners that Retain Possession and Control of the Premises Have a Nondelegable Duty to Provide Contractors’ Employees with a Safe Place to Work that Cannot Be Avoided by Contract Under Nebraska Law.
| Area of Law: | Construction Law, Personal Injury & Negligence |
| Keywords: | Nondelegable duty; Safe place to work; Contractor's employees |
| Jurisdiction: | Nebraska |
| Cited Cases: | 202 N.W.2d 157; 518 N.W.2d 107; 575 F. Supp. 698; 246 Neb. 225; 376 N.W.2d 301; 896 F.2d 1112 |
| Cited Statutes: | Restatement (Second) of Torts § 414; Restatement (Second) of Torts §341 A; Restatement (Second) of Torts § 343A |
| Date: | 07/01/2001 |
“‘A nondelegable duty means that an employer of an independent contractor, . . . by assigning work consequent to a duty, is not relieved from liability arising from the delegated duties negligently performed.'” Parrish v. Omaha Pub. Power Dist., 496 N.W.2d at 910 (Neb. 1993) (quoting Foltz v. Northwestern Bell Tel. Co., 376 N.W.2d 301, 309 (Neb. 1985)). Liability for breaching a nondelegable duty is an exception to the general rule of the employer’s nonliability for the negligence of an independent contractor. Id. (citing Anderson v. Service Merch. Co., 485 N.W.2d 170, 178 (Neb. 1992)). The Parrish court explained that a premises owner “has a nondelegable duty to provide a safe place for work by a contractor’s employee, that is, a duty which ‘cannot be delegated or avoided by contract where the owner retains possession and control of the premises.'” Id. at 910-11 (quoting Simon v. Omaha Pub. Power Dist., 202 N.W.2d 157, 164 (Neb. 1972)). Such nondelegable duties include (1) the duty to provide a safe place to work for contractors’ employees; (2) the duty imposed by statute or rule of law; and (3) the duty of reasonable care of the employer of an independent contractor when the work involves a special risk or danger, including work that is dangerous absent special precautions. Parrish, 496 N.W.2d at 911. Critical to this analysis is the fact that although it is possible to delegate a particular task, the duty is not delegable.
The nondelegable duty to […]