What is the liability of a contractor who causes injury to a third party by failing to properly inspect the work?

California, United States of America


The following excerpt is from Sanchez v. Swinerton & Walberg Co., 47 Cal.App.4th 1461, 55 Cal.Rptr.2d 415 (Cal. App. 1996):

Formerly, as a general rule, after a contractor had completed a building and the owner had accepted it, the contractor was not liable to third persons for injury caused by the condition of the work done even though negligent in performing the contract. The rule first appeared in Boswell v. Laird (1857) 8 Cal. 469. The court stated the rationale for the rule as follows: "Parties for whom work contracted for is undertaken, must see to it before acceptance, that the work, as to strength and durability, and all other particulars necessary to the safety of the property and persons of third parties, is subjected to proper tests, and that it is sufficient. By acceptance and subsequent use, the owners assume to the world the responsibility of its sufficiency, and to third parties, the liability of the contractors has ceased, and their own commenced." (At p. 498.) In other words, having a duty to inspect the work and ascertain its safety before accepting it, the owner's acceptance represents it to be safe and the owner becomes liable for its safety.

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