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Expansion of premises liability for construction owners

A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner, generally, has very little control or knowledge of all the work being performed. Chapter 95 of the Texas Civil Practice and Remedies Code alleviates some of this risk by limiting a commercial property owner s liability for personal injury claims by contractors and subcontractors under specific circumstances. The Texas Supreme Court s recent decision in Chapter 95 requires an injured contractor or subcontractor to prove the owner had control over the work and actual knowledge of the hazardous condition causing the injury. This is a greater burden than under Texas common law, which imposes liability on a property owner who reasonably should have known of a condition or danger. However, Chapter 95 is limited in scope and only applies to claims that arise from the c

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