When Is a General Contractor Liable for a Subcontractor Employee's Injury in Texas? (Redinger v. Living & Lee Lewis)
Direct Answer Under Texas Law
Under the Texas Supreme Court's landmark adoption of Restatement (Second) of Torts § 414 in Redinger v. Living, Inc., 689 S.W.2d 415 (Tex. 1985) and Lee Lewis Construction, Inc. v. Harrison, 70 S.W.3d 778 (Tex. 2001), a General Contractor (GC) on a Texas construction site owes a duty of reasonable care to a subcontractor's employee when the GC retains or exercises some control over the operative details or safety means/methods of the subcontractor's work—proven either by (1) Contractual Right of Control in the written subcontract, OR (2) Actual Exercise of Control on the jobsite!
Critical Texas Procedural Trap to Watch Out For
remember that CPRC Chapter 95 ONLY protects the 'Property Owner'—it DOES NOT apply to the General Contractor! Against the General Contractor, you only need to prove retained control under Redinger and Lee Lewis—you do NOT have to prove the Chapter 95 'actual knowledge' prong!
Recommended Action Plan for Texas Claimants
Subpoena the Master Subcontract Agreement, the GC's Site-Specific Safety Manual, and testimony showing the GC's superintendent inspected and approved the specific scaffold, trench, or fall-protection setup (as in Lee Lewis).
Detailed Texas Statutory & Case Law Breakdown
Under Restatement (Second) of Torts § 414 (Retained Control); Texas Pattern Jury Charge PJC 66.14 and controlling Texas appellate precedent in Redinger v. Living, Inc., 689 S.W.2d 415 (Tex. 1985); Lee Lewis Construction, Inc. v. Harrison, 70 S.W.3d 778 (Tex. 2001); Koch Refining Co. v. Chapa, 11 S.W.3d 153 (Tex. 1999), 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 § 414 (Retained Control); Texas Pattern Jury Charge PJC 66.14 and how Texas courts apply Redinger v. Living, Inc., 689 S.W.2d 415 (Tex. 1985); Lee Lewis Construction, Inc. v. Harrison, 70 S.W.3d 778 (Tex. 2001); Koch Refining Co. v. Chapa, 11 S.W.3d 153 (Tex. 1999) in your county's appellate district.
- Beware of the Texas Procedural Trap: remember that CPRC Chapter 95 ONLY protects the 'Property Owner'—it DOES NOT apply to the General Contractor! Against the General Contractor, you only need to prove retained control under Redinger and Lee Lewis—you do NOT have to prove the Chapter 95 'actual knowledge' prong!
- Execute the Texas Action Plan: Subpoena the Master Subcontract Agreement, the GC's Site-Specific Safety Manual, and testimony showing the GC's superintendent inspected and approved the specific scaffold, trench, or fall-protection setup (as in Lee Lewis).
- 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
When Is a General Contractor Liable for a Subcontractor Employee's Injury in Texas? (Redinger v. Living & Lee Lewis)
Under the Texas Supreme Court's landmark adoption of Restatement (Second) of Torts § 414 in Redinger v. Living, Inc., 689 S.W.2d 415 (Tex. 1985) and Lee Lewis Construction, Inc. v. Harrison, 70 S.W.3d 778 (Tex. 2001), a General Contractor (GC) on a Texas construction site owes a duty of reasonable care to a subcontractor's employee when the GC retains or exercises some control over the operative details or safety means/methods of the subcontractor's work—proven either by (1) Contractual Right of Control in the written subcontract, OR (2) Actual Exercise of Control on the jobsite! Key Texas Trap to Avoid: remember that CPRC Chapter 95 ONLY protects the 'Property Owner'—it DOES NOT apply to the General Contractor! Against the General Contractor, you only need to prove retained control under Redinger and Lee Lewis—you do NOT have to prove the Chapter 95 'actual knowledge' prong!
What Texas statute and Supreme Court / appellate precedent control general contractor liability in texas (redinger rule)?
This question is governed in Texas by Restatement (Second) of Torts § 414 (Retained Control); Texas Pattern Jury Charge PJC 66.14 and the legal standards articulated in Redinger v. Living, Inc., 689 S.W.2d 415 (Tex. 1985); Lee Lewis Construction, Inc. v. Harrison, 70 S.W.3d 778 (Tex. 2001); Koch Refining Co. v. Chapa, 11 S.W.3d 153 (Tex. 1999). Recommended step: Subpoena the Master Subcontract Agreement, the GC's Site-Specific Safety Manual, and testimony showing the GC's superintendent inspected and approved the specific scaffold, trench, or fall-protection setup (as in Lee Lewis).
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