Wrongful Death Liability for Contractors

2012-02-24T07:26:00.000-08:00

A general contractor of a worksite is sometimes responsible for the safety of a subcontractor’s employee. Capitol Construction Services Inc. v. Gray, 959 N.E. 3d 294 (Ind. App. 2011). An electrician named Clinton Gray fell to his death while testing electrical lines 15 to 17 feet in the air. Kroger Limited Partnership hired Capitol Construction Services, Inc. to serve as a general contractor on a construction project. Capitol Construction’s contract with Kroger stated explicitly that Capitol would assume responsibility for “physical conditions and employee performance on the job site during the course of construction to conform with all local and federal laws, rules, and regulations including those covered by the Occupational Safety and Health Act of 1970.” In addition Capitol agreed to “provide and require the use of conventional fall protection…when it’s employees or subcontractors are performing construction work that is in excess of six feet above a lower level.” Clinton Gray was the employee of a subcontractor named All One. Even though Mr. Gray was not an employee of the general contractor, the appeals court decided Capitol Construction Services, Inc. was therefore responsible for the safety of the deceased Mr. Gray.

Restricting Access to Criminal Records

2011-11-21T10:41:00.000-08:00

Earlier this year the Indiana legislature passed a new law which allows some people to limit who can view their criminal history. This new statute is different from the state’s expungement statute, Indiana Code 35-38-5, which is very narrow in scope and seeks to erase all trace of a person’s criminal past. The restricted access statute, Indiana Code 35-38-8, allows people who have been charged or convicted of a misdemeanor or nonviolent Class D felony to petition for restricted access to that conviction so only the police, and those involved in administering the criminal justice system, can have access to a person’s records.

If a person is convicted of a misdemeanor or nonviolent Class D felony s/he must successfully complete all of his or her sentencing obligations, wait eight years after doing this and not get another felony conviction on a new case. Then a lawyer can petition for restricted access to the person’s criminal records. If an individual is acquitted (found not guilty) or charges are dismissed, that individual may file a petition thirty days after acquittal or dismissal of the charges. In other cases, if a conviction is vacated on appeal, a petition can be filed 365 days after the order is final. The petition is among the few pleadings which must be verified by the person petitioning, not just signed by the lawyer. To verify something means to sign the document swearing or affirming under penalty of perjury that what you are telling the judge is true. If a person lies in the petition s/he could be charged with perjury, a Class D felony.

If a judge approves the petition a person may legally state that they have not been arrested or convicted of the Class D felony or misdemeanor listed in the restricted records. It is important for people seeking to have access to their criminal records restricted to tell the judge each and every person or business who possesses the information so the judge can order them to restrict access. The judge can only order those who are within Indiana to obey Indiana law.

Hall-Justice Law Firm

Wrongful Death Liability for Contractors

Restricting Access to Criminal Records