A Michigan general contractor was held not liable for on-the-job injuries suffered by an employee of a subcontractor, in a case published Jan. 28.

The case involved an apprentice carpenter in Washtenaw County, who was severely injured during the construction of an office building. The subcontractor violated MIOSHA regulations when pre-constructed wall frames were improperly lifted into place by a forklift. As the wall was being lifted, a section broke away, severely injuring the apprentice.

The apprentice sued in circuit court against the general contractor and other parties, and won a $10 million judgement against the general contractor for failing to provide a safe workplace and negligently hiring a careless contractor.

The case was appealed to the Michigan Supreme Court, which barred enforcement of the order until review by the Court of Appeals. Upon review, the Construction Labor Report said, the appellate court ruled that as a general rule, a general contractor is not responsible for the work-related injuries suffered by a subcontractor's workers.

A general contractor may be held liable if it retained control over the work being done, if the work was inherently dangerous, or if it did not take reasonable precautions against "readily observable" risks in common work areas.

The appeals court dismissed the case against the general contractor, ruling that it had not retained control over the sub's work and that the raising and framing of the walls was not inherently dangerous.

"The implications are devastating for workers who are injured and killed on the job," said building trades attorney Doug Korney. "You would hope there would be a shared sense of responsibility, but this ruling allows unscrupulous general contractors to take a 'hear no evil, see no evil' attitude when it comes to safety. If a roofer falls through a hole in a roof, and the general contractor had turned a blind eye to the hazard, the court is saying the general is not liable for the death or injury.

"That's not right, but it's just part of a broad trend of conservative lawmakers putting conservative judges in Michigan courts. The trend is to limit liability for companies whenever they can."