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Jurisdiction: State of Texas OnlyReviewed by: Texas Legal Reference Editorial BoardUpdated: 2026-10-28Authority: Restatement (Second) of Torts § 324A (Negligent Undertaking for Protection of Third Person)

Can You Sue a Third-Party Safety Consulting Firm Hired to Monitor a Texas Oilfield or Construction Site? (Seay v. Travelers)

Governing Texas StatuteRestatement (Second) of Torts § 324A (Negligent Undertaking for Protection of Third Person)
Controlling Texas CaseTorrington Co. v. Stutzman, 46 S.W.3d 829 (Tex. 2000); Seay v. Travelers Indemnity Co., 730 S.W.2d 774 (Tex. App.—Dallas 1987)
Topic CategoryWorkplace, Non-Subscriber & Oilfield Law

Direct Answer Under Texas Law

Yes! On major Texas oilfield drilling pads, wind-farm erections, and commercial construction projects, operators frequently hire third-party 'Company Man' consultants or dedicated safety-consulting firms to conduct daily safety audits, monitor H2S gas, and enforce trench/fall rules. Under Restatement (Second) of Torts § 324A (adopted by the Texas Supreme Court in Torrington Co. v. Stutzman, 46 S.W.3d 829 (Tex. 2000)), one who undertakes (gratuitously or for consideration) to render services to another which they should recognize as necessary for the protection of a third person (the workers) is liable to that third person for physical harm resulting from a failure to exercise reasonable care in performing that undertaking!

Critical Texas Procedural Trap to Watch Out For

Best of all, a third-party safety consulting firm or independent 'Company Man' LLC is NOT the 'Property Owner'—so they have ZERO immunity under CPRC Chapter 95 AND zero workers' comp Exclusive Remedy immunity!

Recommended Action Plan for Texas Claimants

Always identify every third-party 'Company Man' LLC and third-party HSE safety consulting firm signed onto the daily Job Safety Analysis (JSA) sheets at a Texas wellsite or construction project.

Detailed Texas Statutory & Case Law Breakdown

Under Restatement (Second) of Torts § 324A (Negligent Undertaking for Protection of Third Person) and controlling Texas appellate precedent in Torrington Co. v. Stutzman, 46 S.W.3d 829 (Tex. 2000); Seay v. Travelers Indemnity Co., 730 S.W.2d 774 (Tex. App.—Dallas 1987), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).

Step-by-Step Texas Procedural Checklist

  • Verify the exact statutory text of Restatement (Second) of Torts § 324A (Negligent Undertaking for Protection of Third Person) and how Texas courts apply Torrington Co. v. Stutzman, 46 S.W.3d 829 (Tex. 2000); Seay v. Travelers Indemnity Co., 730 S.W.2d 774 (Tex. App.—Dallas 1987) in your county's appellate district.
  • Beware of the Texas Procedural Trap: Best of all, a third-party safety consulting firm or independent 'Company Man' LLC is NOT the 'Property Owner'—so they have ZERO immunity under CPRC Chapter 95 AND zero workers' comp Exclusive Remedy immunity!
  • Execute the Texas Action Plan: Always identify every third-party 'Company Man' LLC and third-party HSE safety consulting firm signed onto the daily Job Safety Analysis (JSA) sheets at a Texas wellsite or construction project.
  • Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.

Frequently Asked Questions Under Texas Law

Can You Sue a Third-Party Safety Consulting Firm Hired to Monitor a Texas Oilfield or Construction Site? (Seay v. Travelers)

Yes! On major Texas oilfield drilling pads, wind-farm erections, and commercial construction projects, operators frequently hire third-party 'Company Man' consultants or dedicated safety-consulting firms to conduct daily safety audits, monitor H2S gas, and enforce trench/fall rules. Under Restatement (Second) of Torts § 324A (adopted by the Texas Supreme Court in Torrington Co. v. Stutzman, 46 S.W.3d 829 (Tex. 2000)), one who undertakes (gratuitously or for consideration) to render services to another which they should recognize as necessary for the protection of a third person (the workers) is liable to that third person for physical harm resulting from a failure to exercise reasonable care in performing that undertaking! Key Texas Trap to Avoid: Best of all, a third-party safety consulting firm or independent 'Company Man' LLC is NOT the 'Property Owner'—so they have ZERO immunity under CPRC Chapter 95 AND zero workers' comp Exclusive Remedy immunity!

What Texas statute and Supreme Court / appellate precedent control suing third-party jobsite safety consultants?

This question is governed in Texas by Restatement (Second) of Torts § 324A (Negligent Undertaking for Protection of Third Person) and the legal standards articulated in Torrington Co. v. Stutzman, 46 S.W.3d 829 (Tex. 2000); Seay v. Travelers Indemnity Co., 730 S.W.2d 774 (Tex. App.—Dallas 1987). Recommended step: Always identify every third-party 'Company Man' LLC and third-party HSE safety consulting firm signed onto the daily Job Safety Analysis (JSA) sheets at a Texas wellsite or construction project.

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