Friedman Leak & Bloom P.C.

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In today's market, customer expectations have increased to the point where blasting companies are called on to do much more than simply providing product and hardware. Today, most construction companies (quarry operations, road builders and coal mining companies) expect their blasting engineers to provide services such as pre-blast planning, technical advice, shot layout and certified professionals to "pull the trigger" on every shot. Comprehensive service is not al that is expected in today's marketplace.

Jeff Friedman and Jess Boone obtained full summary judgment in federal district court for their client, an airplane glass manufacturer, in a catastrophic injury premises liability case, which was affirmed on appeal by the Eleventh Circuit. The plaintiff was employed as a construction helper for a company that contracted with our client to construct a chilled water line at a manufacturing plant. While installing the water line, the plaintiff fell 15 feet to the ground.

The district court granted summary judgment in favor of our client. Specifically, the district court found that our client did not owe a duty to the plaintiff and, even if a duty existed, our client did not breach any duty imposed upon it by law. Alabama courts have consistently held that a premises owner owes no duty of care to employees of an independent contractor with respect to working conditions arising during the progress of the work of the contract. Weeks v. Alabama Elec. Co. Op, Inc. , 419 So.2d 1381 (Ala. 1982).

In contrast, other agreements are much more narrow in scope and limit indemnity to violation of applicable blasting regulations. With such agreements, the blasting company would be able to refuse to provide a defense and indemnity to the contractor if it had followed all applicable rules and regulations related to its conduct. In other words, so long as there were no violations of local, state, or federal rules of regulation related to blasting, the blasting company would not be required to provide any indemnity to the contractor.

Gwen Gordon's practice primarily involves the representation of individuals and businesses in a variety of civil matters. She has experience in products liability cases, the representation of blasting contractors and insurance coverage litigation. Mrs. Gordon is admitted to practice in all state and federal courts in Alabama. ...

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