Latham v. Barton Malow Co.

In this case, we analyze what comprises the element of “readily observable and avoidable dangers” in a lawsuit involving a “common work area” of a construction site. In Funk v Gen Motors Corp,1 this Court established the common-work-area doctrine, which by its elements is not a strict-liability tort but is instead one that imposes liability only if the general contractor itself fails to prevent negligence.2 Thus, the danger cannot be just the unavoidable, perilous nature of the site itself. Rather, the danger for which a duty attaches is an avoidable danger to which a significant number of…