Congratulations to MBL Partner Eric Wagman on his successful motion for summary disposition based on the common work area doctrine.

Eric represented a general contractor on a construction worksite accident that resulted in serious injuries. The plaintiff was an employee of a subcontractor on the project. Plaintiff filed a lawsuit naming the owner of the property, his employer, and the general contractor. The claim against the general contractor was based upon the common work area doctrine, which holds general contractors liable for worksite accidents if they failed to take reasonable measures within their supervisory and coordinating authority to protect workers from observable and avoidable hazards in a common work area. This is an exception to the general rule that general contractors are not liable for the negligence of their subcontractors.

The Court found that the evidence was not sufficient for a reasonable juror to conclude that the general contractor had sufficient supervisory and coordinating authority or control over the worksite to be held liable under the common work area doctrine, because it had subcontracted superintending and safety oversight to its subcontractor–plaintiff’s employer. Plaintiff appealed to the Michigan Court of Appeals. After the Court of Appeals affirmed, Plaintiff filed a petition for leave to appeal to the Michigan Supreme Court. After briefs were submitted, the Supreme Court denied Plaintiff’s petition for leave to appeal.

Dated: May 21, 2025