Enserch Corp. v. Parker
794 S.W.2d 2 | Texas Supreme Court | 1990
What This Case Means for Subcontractors
Two workers died when a gas leak occurred in a pipeline manhole. The pipeline operator (Enserch) had a written indemnity agreement with the independent contractor (Christie) that required the contractor to cover claims against the operator, even if the operator was negligent. The Texas Supreme Court enforced this agreement, meaning the contractor had to indemnify the operator for the wrongful death claims. This matters to subcontractors because broad indemnity clauses—especially those covering the other party's own negligence—are enforceable in Texas if clearly written.
Key Takeaways
- •Indemnity agreements that require you to cover the other party's negligence are enforceable in Texas if the language is clear and meets statutory requirements.
- •Don't assume an indemnity clause won't apply to the other party's own negligence—courts will enforce it if the contract explicitly says so.
- •Review every indemnity clause carefully before signing; Texas courts will hold you to broad language that shifts liability for the other party's mistakes to you.
Christie will indemnify Enserch regardless of whether claims are founded upon alleged negligence of Enserch.
Frequently Asked Question
Can I be forced to indemnify a contractor or operator for their own negligence in Texas?
Yes, if the indemnity agreement clearly states this intent and meets statutory requirements. Texas courts will enforce broad indemnity clauses that require you to cover the other party's negligence, even if they caused the injury or damage. Always have an attorney review indemnity language before signing.
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