Legal Question in Civil Litigation in California
Are Both Parties Responsible For Damages
It's my understanding, that in California, if party A hires party B to do a job, such as razing a house and does not tell the party how to do the job, that he is blameless if party B injures someone in the course of doing the work. However, if party A tells party B how he wants it done and party B does it the way he's told, then party A becomes responsible for injuries. My question is this. Suppose party A tells party B that he wants the house razed a certain way and party B realizes that it's dangerous but agrees to do it anyway. Can both parties now be held liable?
3 Answers from Attorneys
Re: Are Both Parties Responsible For Damages
This type of question is too complicated to be answered here. I can give you a couple of basic points, but they are by no means a legal opinion.
Negligence is the failure to meet the standard of care which could reasonably be expected of an actor (someone who does something, not a performer) which causes damage or harm.
An employer is generally responsible for the damage or harm caused by an employee for actions done during the course and scope of employment.
Feel free to contact me if you want a more specific answer to a specific question.
Re: Are Both Parties Responsible For Damages
Both are always going to be liable.
Re: Are Both Parties Responsible For Damages
Thank you for your question.
In your hypothetical situation, if party "A" gives any measure of control over the method or way that the project is to commence or be completed, then yes, party A is liable. The key is whether or not there was a complete delegation to party B, or whether or not party A had some control over the project.
I hope that this information helps, but if you have other questions you need answered, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.
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