Document 1QLwMeJOM0QrX1qELd0xybDkX
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injuries incurred when a fellow employee on the construction
site backed his vehicle into plaintiff. The contractor had
failed to provide for flagmen to direct the trucks, which were
required to back down a road for approximately a half block.
Visibility was limited, and it was difficult to hear the
back-up sirens above the construction noise.
In a final
example, an employer was held liable for property damage to a
third party from a fire caused by the contractor's failure to
take proper precautions while using electric cutting torches to remove pipes. 27
Several states do limit the principal's liability
under this doctrine to third parties, refusing to permit suit
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by the contractor's employees.
These courts reason that
the primary duty to protect contractor employees from the
"peculiar risks" of their own work is with the immediate
employer - the contractor - and not with the principal.
Another theory often used to implicate the principal
for the negligence of the contractor is the "statutory" or
"regulatory" duty doctrine, described in the Restatement
2Q
(Second) of Torts, Section 424.
To break this theory into
its most basic components:
(1) tnere must be a statute or an administrative regulation which imposes a duty to take certain precautions for the safety of others when doing specified work;
(2) the contractor must have failed to take the precautions provided for by the statute; and
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