Is the Landowner Liable for Roberts’ Diagnosis of Mesothelioma?

Is the landowner liable for the negligence of an independent contractor and ultimately responsible for Roberts’ exposure to asbestos and his eventual diagnosis of mesothelioma? Read more here.

Final Instruction 20 reads:

As a general rule, a landowner is not liable for the negligence of an independent contractor. A non-delegable duty may be imposed on the landowner, however, if one of the following two exceptions applies.

First, the law imposes a duty on a landowner if the work to be performed is intrinsically dangerous. Work is “intrinsically dangerous” if the danger exists in the doing of the activity regardless of the method used. The work is intrinsically dangerous if the risk of injury cannot be eliminated or significantly reduced by taking proper precautions.

Second, the law imposes a duty on a landowner if the work to be performed will probably cause injury to others unless due precautions are taken to avoid harm. The essence of this exception is the foreseeability of both the peculiar risk involved in the work and the need for special precautions.

For purposes of this exception, the phase “peculiar risk” refers to the risk of a particularized harm specific to the work being performed or the conditions under which it is performed.

Moreover, the exception applies only when the risk involved is something more than the routine and predictable hazards generally associated with a given occupation: it must be a risk unique to the circumstances of a given job.

The plaintiffs have the burden of proof to establish that at least one of these two exceptions applies and that Mr. Roberts’ disease was proximately caused by the breach of such duty.

Courtesy of the Indiana Court of Appeals and the State of Indiana

Other helpful links:

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