Indiana Asbestos Litigation Update
Premises Owner Liability Attorneys in Indianapolis
Due to the fact that many manufacturers and suppliers of asbestos products have filed bankruptcy, attorneys representing plaintiffs in asbestos-related personal injury matters have begun to focus on premises owners. In that regard, two (2) new cases in Indiana have changed the landscape of liability that a premises owner faces in asbestos-related personal injury actions. In that regard the following summary is provided as a guide to Indiana premises liability law, but should not be used as a substitute for legal consultation.
As a general rule, a principal is not vicariously liable for the negligence of an independent contractor. Carie v. PSI Energy, Inc., 715 N.E.2d 853, 855 (Ind. 1999). However, there are five exceptions to the general rule: (1) where the contract requires the performance of intrinsically dangerous work; (2) where the principal is by law or contract charged with performing a specific duty; (3) where the act will create a nuisance; (4) where the act to be performed will probably cause injury unless due precaution is taken to avoid harm; and (5) where the act to be performed is illegal. Id.