Relating to property owner, contractor, and subcontractor liability for certain damages.
Impact
One of the key impacts of HB 1288 is the reduction in liability for property owners regarding injuries that may occur while contractors are working on real property. The bill specifically states that property owners will not be liable for personal injuries, fatalities, or property damage unless they exert certain controls over the work or knew about, but failed to address, any unsafe conditions. This change is expected to decrease the legal exposure property owners face, which proponents argue will facilitate easier hiring of contractors and potentially lower construction costs.
Summary
House Bill 1288 aims to clarify the liability of property owners, contractors, and subcontractors in relation to damages incurred during the construction, repair, renovation, or modification of real property. This legislation modifies existing statutes to limit the circumstances under which a property owner can be held liable for injuries or damages sustained by independent contractors and their employees. The bill introduces a definition of 'improvement to real property' to delineate between permanent structures and temporary constructions like scaffolding, which are not covered under the liability exemptions provided by the bill.
Contention
The bill has generated discussions surrounding the balance of safety and responsibility in construction practices. Proponents, generally from the construction industry, support the measure as a means to promote more business-friendly conditions and reduce frivolous lawsuits. However, opponents express concern that it may create a less safe working environment for contractors and their employees. Critics argue that by limiting liability, property owners may not be incentivized to maintain safe working conditions, leading to increased risks for workers.
Effective_date
The legislative changes introduced by HB 1288 are set to take effect on September 1, 2009, and will only apply to causes of action arising after this date. Therefore, existing claims prior to this date will continue to be governed by the statutes in effect before the enactment of this bill.
Relating to property owner liability for personal injury claims arising from insurance restoration projects in which a contractor or subcontractor does not maintain workers' compensation insurance coverage.
Relating to property owner liability for personal injury claims arising from insurance restoration projects in which a contractor or subcontractor does not maintain workers' compensation insurance coverage.