Redinger v. Living, Inc

In Redinger v. Living, Inc., 689 S.W.2d 415, 28 Tex. Sup. Ct. J. 404 (Tex. 1985), the Court recognized that the "general rule is that an owner or occupier does not have a duty to see that an independent contractor performs work in a safe manner. . . . However, when the general contractor exercises some control over a subcontractor's work he may be liable unless he exercises reasonable care in supervising the subcontractor's activity." Redinger, 689 S.W.2d at 418. For liability to attach, "the employer's role must be more than a general right to order the work to start or stop, to inspect progress or receive reports." Id. (citing RESTATEMENT (SECOND) OF TORTS 414 cmt. c (1965)). The Court recognized, as courts in most states have, that a person can be liable for harm caused by an independent contractor if the person controls the contractor's work. More specifically, we adopted the rule set out in section 414 of the Restatement (Second) of Torts as follows: One who entrusts work to an independent contractor, but who retains the control of any part of the work, is subject to liability for physical harm to others for whose safety the employer owes a duty of reasonable care, which is caused by his failure to exercise his control with reasonable care. Id. (quoting RESTATEMENT (SECOND) OF TORTS 414(1965)). In Redinger v. Living, Inc., the general contractor on a construction project had ordered the dirt hauling subcontractor to move a pile of dirt out of the way of concrete trucks, and in the process of complying the subcontractor's employee had injured an employee of the plumbing subcontractor who was working nearby. The Court held that the general contractor's right to control a subcontractor's work so specifically gave rise to a duty of care to another subcontractor's employee. 689 S.W.2d at 418. Since Redinger, the Court has considered section 414 in seven other cases, each focusing on the degree of control retained by the employer of the independent contractor. Coastal Marine Servs., Inc. v. Lawrence, 988 S.W.2d 223 (Tex. 1999) (per curiam); Elliott-Williams Co. v. Diaz, 9 S.W.3d 801 (Tex. 1999); Koch Ref. Co. v. Chapa, 11 S.W.3d 153 (Tex. 1999) (per curiam); Hoechst-Celanese Corp. v. Mendez, 967 S.W.2d 354 (Tex. 1998) (per curiam); Clayton W. Williams, Jr., Inc. v. Olivo, 952 S.W.2d 523 (Tex. 1997); Enserch Corp. v. Parker, 794 S.W.2d 2 (Tex. 1990); Tovar v. Amarillo Oil Co., 692 S.W.2d 469 (Tex. 1985) (per curiam).