TX STATETexas Supreme Court
1999

Elliott-Williams Co., Inc. v. Diaz

9 S.W.3d 801Texas Supreme Court • Decided 1999Enforced
FLAGSHIPBroad IndemnificationCited 350 times

HOLDING

A freezer installed by a subcontractor fell and injured a worker on a construction site. The injured worker sued the general contractor (Elliott-Williams), claiming it was responsible for the subcontractor's negligence. Texas's highest court ruled that a general contractor is not liable for a subcontractor's negligence just because a contract says the general contractor is "responsible" for the subcontractor's actions. The court found that financial responsibility in a contract does not mean the general contractor controlled how the work was done. This protects general contractors from liability when they hire independent subcontractors to do specialized work.

KEY FINDINGS

Broad Indemnification

A broad indemnification clause that makes you financially responsible does not automatically make you liable for a subcontractor's negligence to third parties.

FULL COURT OPINION