Issue: Under Nebraska Law Whether the Use of a Crane to Hover a Ton of Steel over Plaintiff’s Head without Warning Was the Proximate Cause of Plaintiff’s Injuries and Was a Peculiar Risk or Inherently Dangerous Activity Giving Rise to Liability on the Part of Corporation Who Owned the Jobsite.
| Area of Law: | Construction Law, Personal Injury & Negligence |
| Keywords: | Liability for peculiar risk; Owner in possession and control of the premises; Use of crane holding a ton of steel |
| Jurisdiction: | Nebraska |
| Cited Cases: | 612 N.W.2d 246; 820 F. Supp. 154; 496 N.W.2d 902; 491 F.2d 1340; 724 S.W.2d 527; 649 F. Supp. 1319; 823 F.2d 556 |
| Cited Statutes: | None |
| Date: | 07/01/2001 |
Under such circumstances, Nebraska law requires that the owner in possession and control of the premises or the owner acting as its own general contractor recognize that the work is likely to create a peculiar risk of physical harm to others or is inherently dangerous unless special precautions are taken. It is widely recognized in the construction industry that steel erection work in general and the use of cranes in particular are inherently dangerous and carry a peculiar risk of harm to others unless special precautions are taken. Under such circumstances, the owner has a duty and obligation any time it sees an unsafe condition or activity to correct it no matter what the chain of command.
In TA s "Parrish v. Omaha Pub. Power Dist., 496 N.W.2d 902, 9" c 0Parrish v. Omaha Pub. Power Dist., 496 N.W.2d 902 (Neb. 1993) the court observed that “[w]ithout question, steel construction work involves risks which an average person does not ordinarily encounter on a day-to-day basis.” TA s "Parrish v. Omaha Pub. Power Dist., 496 N.W.2d 902, 9" c 0 496 N.W.2d at 913. There should be no question that the negligent use of the crane to lift a ton of steel over the head of a worker constitutes an inherently dangerous activity as a matter of law. Nonetheless, the trial court found that “the plaintiff’s injury did not arise from any risk inherent in construction work itself, but arose […]