Does An Employer Have Special Duties?

Does your employer have a special duty to avoid negligence?  Yes.

Generally, if an accident occurs on work premises or while someone is working, companies owe injured persons special duties, including:

  • Providing a safe and secure workplace
  • Establishing safety rules and regulations
  • Warning employees of hazards
  • Furnishing safe equipment
  • Properly supervising those involved
  • Providing employees with sufficient help in performing work
  • Duty to control employees and ensure they do not cause accidents
  • Duty to exercise reasonable care to prevent independent contractor injury where control is retained over any part of the work

Morrow & Sheppard Represent Injured Workers

The Texas injury lawyers at Morrow & Sheppard represent injured workers and their families.  We are based in Houston but handle cases all over the country, with an emphasis in Texas and Louisiana.  We do not get paid unless our clients win.  To discuss your case and how we can help, please contact us now for a 100% free and confidential consultation.


References

Farley v. MM Cattle Co., 529 S.W.2d 751, 754 (Tex. 1975) (holding “[I]t is well established that an employer has certain nondelegable and continuous duties to his employees. Among these are the duty to warn employees as to the hazards of their employment and to supervise their activities, the duty to furnish a reasonably safe place in which to labor and the duty to furnish reasonably safe instrumentalities with which employees are to work”).

Restatement (Second) of Torts § 414 (2015) (“One who entrusts work to an independent contractor, but who retains the control of any part of the work, is subject to liability for physical harm to others for whose safety the employer owes a duty to exercise reasonable care, which is caused by his failure to exercise his control with reasonable care,” and that “the principal contractor is subject to liability if he fails to prevent the subcontractors from doing even the details of the work in a way unreasonably dangerous to others, if he knows or by the exercise of reasonable care should know that the subcontractors’ work is being so done, and has the opportunity to prevent it by exercising the power of control which he has retained in himself. So too, he is subject to liability if he knows or should know that the subcontractors have carelessly done their work in such a way as to create a dangerous condition, and fails to exercise reasonable care either to remedy it himself or by the exercise of his control cause the subcontractor to do so.”)

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