Premises Liability Question
Defendant A owned property when hazardous condition was built and approved by building inspector. Plaintiff hurt after Defendant A sold property to Defendant B. Does fact that building inspector signed off on a hazardous condition absolve the owner of liability? Is there any liability on original owner?
Answer: Look at Creamer v. Bucy, 1985 OK CIV APP 19, 700 P.2d 668, 670: Rule contractor's liab. terminates on acceptance by contractee does not apply where contractor willfully creates a condition he knew, or should have known, to be immediately and certainly dangerous to persons other than contractee, who will be exposed to danger. Contractor left cable TV coaxial cable on top of sidewalk in expansion joint; see also: Schlender v. Andy Jansen Co., 1962 OK 156, 380 P.2d 523: rule does not apply where defect in construction is latent.
Posted on Thu, November 24, 2011
by Sharon Coleman filed under