Controlling the “Means and Methods” on a Multi-Employer Job Site Equals Lots of Liability

If you are managing or analyzing risk for an insurance company or self-insured construction company, it is important to understand long standing Michigan common law which determines who is liable for work site injuries. Generally, on a multi-employer jobsite, whoever controls the “means and methods” of the construction project is the company ultimately liable for any negligently caused personal injuries.

The case law controlling liability for work-site accidents goes back a long way to Funk v General Motors, a case cited over 191 times since 1974. This case ruled that an owner is not liable unless “control” of the project was retained by the owner. Even if the owner did fully cede control, there are certain non-delegable duties including inherently dangerous activities or obligations imposed by statute.

The Plaintiff in the Funk case fell from a “common work area” being used by multiple trades. The owner of the factory being built, General Motors, was held to have retained sufficient control over the job to create a duty to workers exposed to a common work area. The general contractor also had liability. The Michigan Supreme Court reasoned that “[p]lacing ultimate responsibility on the general contractor for job safety in common work areas will, from a practical, economic standpoint, render it more likely that the various subcontractors being supervised by the general contractor will implement or that the general contractor will himself implement the necessary precautions and provide the necessary safety equipment in those areas.”

If an owner hires a general contractor, the owner should cede all control over the means and methods of the project or else face liability. A general contractor must keep common work areas safe.

Click on the link to read the entire case of Funk v General Motors Corp, 392 Mich. 91 (1974).

About Alexander & Angelas, P.C.

Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.

Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.

A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.

Alexander & Angelas, P.C. measures its performance based upon three key metrics: aging of claims, indemnity expense, and legal defense costs. The firm refuses to over-litigate cases merely to increase legal fees and strives to resolve matters within one year from initial case assignment.

Visit Alexander & Angelas online at https://www.alexanderandangelas.com/ for more information. Partner Peter A. Angelas is available to discuss a confidential matter.