Alloway v. Bradlees, Inc.
157 N.J. 221, 723 A.2d 960, 1999 N.J. LEXIS 57 (1999)
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Rule of Law:
A general contractor owes a duty of reasonable care to an employee of a subcontractor, which can include ensuring the safety of the subcontractor's equipment, if the risk of harm is foreseeable, there is a sufficient relationship between the parties, and the general contractor has the opportunity and capacity to exercise control over the hazard.
Facts:
- Pat Pavers, a paving contractor, subcontracted with Bernhard Excavating to provide a truck and a driver, Terry Alloway, to deliver materials to a construction site.
- The truck provided by Bernhard Excavating had a defective power take-off system required to lift its dump bed.
- Alloway reported the known defect to her supervisor at Bernhard Excavating, who was also a foreman for Pat Pavers.
- The day before the accident, employees of Pat Pavers attempted to repair the truck's hydraulic pump.
- Later that day, when the truck bed still failed to raise, a Pat Pavers supervisor showed Alloway how to manually engage the lever from underneath the truck using a steel bar.
- The underlying defect in the truck's cable was never repaired.
- The following day, when the truck malfunctioned again, Alloway attempted to manually engage the lever with her arm.
- The power take-off drive shaft engaged, catching Alloway's hair and hand, pulling her under the truck and causing serious injuries.
Procedural Posture:
- Plaintiff Terry Alloway filed a negligence action against Pat Pavers and other defendants in the Superior Court of New Jersey, Law Division (trial court).
- The trial court granted summary judgment in favor of all defendants.
- Alloway, as appellant, appealed the decision to the Appellate Division.
- The Appellate Division affirmed the trial court's grant of summary judgment.
- After the Appellate Division denied her motion for reconsideration, Alloway, as petitioner, filed a petition for certification with the Supreme Court of New Jersey, which the Court granted.
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Issue:
Does a general contractor owe a duty of reasonable care to the employee of a subcontractor to ensure the safety of the subcontractor's own equipment used on the worksite?
Opinions:
Majority - Handler, J.
Yes, a general contractor can owe a duty of reasonable care to a subcontractor's employee regarding the subcontractor's own equipment. The existence of such a duty is determined by weighing factors including the foreseeability of harm, the relationship between the parties, the opportunity and capacity to take corrective action, and public policy. Here, the risk of injury was foreseeable because Pat Pavers had actual knowledge of the truck's defect and the dangerous manual workaround. The parties had a close relationship, as the subcontractor's work was integral to the contractor's project. Pat Pavers also had the opportunity and capacity to address the hazard, as its supervisors had authority to remove unsafe trucks from the site and had previously attempted repairs. While a violation of OSHA regulations is not negligence per se, it is relevant evidence of the standard of care and may be considered by a jury to determine if the duty was breached.
Analysis:
This decision reinforces a modern trend away from the traditional common-law rule that insulated general contractors from liability for their subcontractors' negligence. It establishes that a general contractor's duty to provide a safe workplace can extend to hazards posed by a subcontractor's own equipment, shifting the focus to a fact-specific analysis of foreseeability and control. The case clarifies that while OSHA violations do not create an independent cause of action, they serve as powerful evidence of the applicable standard of care. This holding increases the potential liability for general contractors, encouraging them to take a more active role in overseeing the safety of all persons and equipment on a worksite, regardless of their employer.
