Iowa High Court Declines to Enforce Liability Duty on Premises Defendant
December 21, 2009
DES MOINES, Iowa -- The Iowa Supreme Court has upheld an award of summary judgment to two premises defendants, rejecting the plaintiff's argument that the defendants owed a duty to warn of asbestos dangers in the take-home exposure case. Van Fossen, et al. v. MidAmerican Energy Co., et al., No. 06-1691 (Iowa Sup. Ct.).
In its opinion, the high court noted that enforcing a broader duty of liability on premises owners would be inefficient, as it would require employers to develop knowledge and expertise in contractors' fields.
"The contractors' knowledge and expertise places them in the best position to …