TX STATETexas Court of Appeals, 7th District (Amarillo)
1994

Welch v. McDougal

876 S.W.2d 218Texas Court of Appeals, 7th District (Amarillo) • Decided 1994Remanded
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HOLDING

Wayne Welch was injured when scaffolding collapsed while he worked for a masonry subcontractor on an apartment complex. He sued the general contractor and property owner. The court ruled that a general contractor is not responsible for injuries to a subcontractor's employees unless the contractor explicitly controlled how the subcontractor performed the work or actually exercised that control in practice.

KEY FINDINGS

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Make sure your subcontracts clearly state that you control the manner and means of your work—not the general contractor. This protects you from liability claims.

FULL COURT OPINION