Steward v. McDonald

I write to concur because I believe the majority has given an unduly restrictive construction to Ark. Code Ann. § ll-2-117(b) (Repl. 1996). Section 11-2-117(b) reads:

Every employer and every owner of a place of employment, place of public assembly, or public building, now or hereafter constructed, shall construct, repair, and maintain it so as to render it safe.

Id. (emphasis added). In my judgment, this provision establishes a statutory duty on the part of the Stewards, who own a building used as a workplace, to turn the premises over to PSI in a safe condition. This duty attaches even though…