Russell v. Arthur Whitcomb, Inc.

Subject to certain exceptions, it is the general rule supported by a majority of jurisdictions that an independent building or construction contractor is not liable for negligent injury to third persons occurring after the work has been completed and accepted by the owner or employer. Smith v. Claude Neon Lights, Inc., 110 N. J. L. 326; 2 Shearman & Redfield, Negligence (Rev. ed.) s. 267; anno. 13 A. L. R. (2d) 191. While various reasons have been advanced to explain the general rule the most common one is that control has passed from the independent contractor to the owner upon acceptance of…