Section 13.59 General Rule

• Library: Tort Law 2016

A. (§13.59) General Rule

A contractor, when in possession of premises, is subject to the same liability and enjoys the same freedom from liability for personal injuries sustained by a third person as though the contractor were the possessor of the land. Stoeppelman v. Hays-Fendler Constr. Co., 437 S.W.2d 143 (Mo. App. E.D. 1968). In Stoeppelman, the plaintiff was a tenant of the property owner, and the construction company was held to the duty owed by a landlord to a tenant.

In Guthrie v. Reliance Construction Co., 612 S.W.2d 366 (Mo. App. E.D. 1980), the court held that the...