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I am a territory manager for a retail fixture installation

company. I am not...
I am a territory manager for a retail fixture installation company. I am not an employee rather a sub contractor. All work completed is under said installation company. As work comes in I then source it out to various subcontractors. Following a recent installation completed by a sub, a fixture fell resulting in injuries. The people involved are now seeking legal action. There are a lot of links to this chain so, I would like to know if I am liable for this sub not completing this project to scope of work?
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Answered in 21 minutes by:
2/1/2012
Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
Verified

While you would not be personally liable, it would be possible to sue any company that was involved in the process. This could include the manufacturer of the fixture, any company that sold the fixture, the company that arranged the installation and the company responsible for the actual installation.

 

Unless the "injuries" were severe, my guess would be that this would likely be the sort of thing resolved well short of a lawsuit. Instead, the injured party might report the matter to their homeowners insurance and allow them to negotiate a settlement. In that event, there is a real possibility that you would not be negatively effected in the matter.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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Customer reply replied 5 years ago

Thanks Joseph.

 

So even though I am a sole proprietor the liability created by this sub does not fall on me? I'm guessing if he was an employee the answer would be different.

 

Yes, you understand my response. And yes, if he were an employee, that would effect my response.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
Verified
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