Article ID: 5947fed37e73a7341c73fabd224b23ec53970404d8746414341e87dabcd0aa87
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URL: https://www.businessinsurance.com/general-contractor-not-liable-for-subcontractor-workers-fall/
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General contractor not liable for subcontractor worker’s fall - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers General contractor not liable for subcontractor worker’s fall by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Aug 17, 2026 Massachusetts’ highest court ruled Monday that a general contractor is not liable for catastrophic injuries suffered by a roofing subcontractor’s employee because it did not control the worker’s safety practices. In Suquilanda v. Skyway Roofing Inc., Skyway contracted to replace a roof at a resort in Hancock, Massachusetts, and subcontracted the work to injured worker Luis Contento Suquilanda’s employer, MBT Construction Corp. Mr. Suquilanda was moving shingles on the roof in October 2021 when his safety line proved too short. He disconnected his harness intending to attach it to another line but slipped and fell before he could reconnect it, suffering life-threatening injuries. He subsequently filed a workers compensation claim through MBT’s insurer, administered by the New York State Workers’ Compensation Board. Mr. Suquilanda also sued Skyway for negligence, alleging it failed to plan, supervise and enforce safety procedures. He asserted a negligent hiring claim, arguing that Skyway knew or should have known that MBT had previously received Occupational Safety and Health Administration citations for fall-protection violations. The Massachusetts Supreme Judicial Court, in unanimously affirming summary judgment for Skyway, said a general contractor can be liable for a subcontractor worker’s injuries when it retains control over the work, including responsibility for initiating and maintaining safety programs. Skyway, however, did not control the placement or adequacy of safety lines, use of harnesses, employee training or the manner in which MBT performed the roofing work, the court said. Skyway’s delivery of materials and equipment and its limited visits to the site were insufficient to establish control. The court also rejected Mr. Suquilanda’s argument that Skyway assumed responsibility for safety by identifying itself as the general contractor on a building permit. A building code requirement cannot create a duty of care when one does not otherwise exist, the court said. Massachusetts law also does not recognize an independent negligent hiring claim under the circumstances, even though evidence indicated Skyway knew of MBT’s previous fall-protection citations, the court said. Allowing such a claim could conflict with the workers comp system because MBT’s contract required it to indemnify Skyway, potentially exposing the subcontractor to liability beyond its workers comp obligations, the court said. 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