Determining responsibility for workplace injuries can be challenging, especially in construction projects involving multiple parties. The Washington Court of Appeals’ decision in Neice v. Pierce County Recycling, Composting and Disposal LLC sheds light on these complexities, providing important lessons for landowners, contractors, and consultants. This case demonstrates how clear contractual language can establish safety obligations and mitigate liability risks.
John Neice, a surveyor for Scarsella Brothers Inc., was exposed to landfill gas and suffered severe lung injuries while working on a project managed by LRI and supported by SCS Engineers. After receiving workers’ compensation, Neice pursued negligence claims against LRI and SCS. The court upheld that while landowners cannot delegate liability for hidden dangers, LRI’s carefully drafted contract effectively assigned safety responsibilities to Scarsella, shielding LRI from various claims.
The court also rejected Neice’s claim that LRI violated WISHA and the Common Law Safe Workplace Doctrine, finding that LRI did not control Scarsella’s work processes. Similarly, SCS Engineers avoided liability under RCW 51.24.035, as the court determined its role as a consultant did not equate to jobsite control. However, the case underscores the delicate balance between providing technical guidance and assuming actionable oversight. It emphasizes the critical importance of clear contracts to delineate roles and limit liability, particularly in complex, multi-party construction projects.
For businesses operating in high-risk industries, the Neice decision reinforces the importance of strong contracts and proactive oversight in reducing liability, avoiding protracted litigation, and fostering safer work environments. Are you facing jobsite safety violations or disputes over workplace responsibilities? Now is the time to review your contracts. Are roles and safety obligations clearly outlined? Effective legal counsel can help refine your agreements, bolster compliance strategies, and align risk management practices with operational realities. Taking these proactive steps is essential for safeguarding your business and achieving sustainable success.
At Paine Hamblen, P.S., a full-service law firm based in Spokane, Washington, we understand the challenges of managing liability in construction projects. Our team specializes in providing tailored solutions for construction contracts, jobsite safety, professional liability, and defense in jobsite or workplace injury claims. If you have questions about structuring agreements, ensuring compliance, mitigating risks, or need experienced representation, contact us at 509-455-6000 to explore strategies designed to protect your business and operations.
While this publication discusses legal issues, it is not legal advice. Legal information is not a substitute for personalized legal counsel. If you desire an interpretation of any of the legal principles addressed herein, we recommend you consult with a licensed attorney.
