[RPPTL LandTen] FW: [RPPTL-condomania] Contractor Liability Decisions.

[Neil B. Shoter]

FYI

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Neil B. Shoter
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________________________________
From: Michael J. Gelfand [mailto:mjgelfand at gelfandarpe.com]
Sent: Friday, September 03, 2010 12:27 PM
To: RPPTL Condominium and Planned Development Committee
Subject: [RPPTL-condomania] Contractor Liabity Decisions.

Dear Committee Members:

            Attached is the decision issued this week in Morales v. Weil (Fla. 4th DCA, September 1, 2010).  In affirming a summary judgment, the appellate court reinforces two concepts:

            1.         That "as a general rule, one who hires an independent contractor is not liable for the injuries sustained by that contractor's employees in performing their work."  (Citations omitted).  Even under the facts of the case, the property owners alleged directions did not constitute "actively participating in the construction" to justify an except ion to the general rule.

            2.         "Although land owners generally owe a duty to invitees to maintain the premises in a reasonably safe condition, an exception applies in regard to independent contractors hired to perform hazardous work".  It appears from the decision as a matter of law that the demolition of a heavily damaged structure is hazardous work providing the exception to the general rule.

Thanks to Joe Adams for providing not only notice of the decision but also in a PDF format suitable for distribution.

Have a relaxing holiday weekend.

Michael J. Gelfand
Florida Bar Board Certified Real Estate Attorney
Florida Supreme Court Certified Mediator:
   Civil Circuit Court & Civil County Court
Gelfand & Arpe, P.A.<http://www.gelfandarpe.com/>
"Assisting Communities to Efficiently Reach Goals"
Regions Financial Tower, Suite 1220
1555 Palm Beach Lakes Blvd.
West Palm Beach Florida 33401
(561) 655-6224

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