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Atelier Constantin Popescu, LLC v. JC Corp., 134 Conn. App. 731 (2012)

Citation
Atelier Constantin Popescu, LLC v. JC Corp., 134 Conn. App. 731 (2012)
Parent Document
Atelier Constantin Popescu, LLC v. JC Corp., 134 Conn. App. 731 (2012)
Jurisdiction
Connecticut (state)
Effective Date
2012-04-17

Other Sections in This Document (97)

Full Text

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Our Supreme Court has explained that “[w]here a party contracts for work to be done of such a character that, even if the work is duly performed, it would naturally, if not necessarily, expose others to probable injury unless preventive measures are taken by him, he is liable for that injury if, while chargeable with knowledge that the work is of such a character, he negligently fails to take preventive measures.” (Internal quotation marks omitted.) Pelletier v. Sordoni/Skanska Construction Co., supra, 286 Conn. 597. In Pelletier v. Sordoni/Skanska Construction Co., supra, 597-98, our Supreme Court cited with approval § 413 of the Restatement (Second) of Torts, which provides: “One who employs an independent contractor to do work which the employer should recognize as likely to create, during its progress, a peculiar unreasonable risk of physical harm to others unless special precautions are taken, is subject to liability for physical harm caused to them by the absence of such precautions if the employer (a) fails to provide in the contract that the contractor shall *748take such precautions, or (b) fails to exercise reasonable care to provide in some other manner for the taking of such precautions.” 2 Restatement (Second), supra, § 413.