Liability of Contractor for Personal Injuries or Negligent Acts of Third Parties

The Alabama Supreme Court has held that “It is fundamental that generally neither a premises owner nor a general contractor is responsible for the negligent acts of an independent contractor.” Bell v. Sugarwood Homes, Inc., 619 So. 2d 1298, 1301 (Ala. 1993); Clark v. Jackson, 549 So. 2d 85 (Ala. 1989) (“[T]he Alabama cases hold as a general rule that a prime contractor is not liable for the acts of an independent subcontractor whom he has employed.”)(citations omitted); see also, Joseph Land & Co., Inc. v. Gresham, 603 So. 2d 923 (Ala. 1992); Fuller v. Tractor & Equipment Co., Inc., 545 So. 2d 757 (Ala. 1989); General Finance Corp. v. Smith, 505 So. 2d 1045 (Ala. 1987).

In Clark v. Jackson, 549 So. 2d 85 (Ala. 1989) plaintiffs sued their general contractor and a subcontractor who worked on their home. Specifically, the plaintiffs alleged “that [the contractor and subcontractor] had breached their warranties to provide the [plaintiffs] with a house constructed in a good and workmanlike manner and free from defects.” Id. at 86. The court, first stated that “the Alabama cases hold, as a general rule, that a prime contractor is not liable for the acts of an independent subcontractor whom he has employed.” Id. The court, then, in affirming direct verdict for the general contractor, noted that the evidence showed that the cause of the problems were related to the work of the subcontractor electrician. Id.