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Contract-Based Duty Owed to Non-Party Explained

In this case a stove that was not secured to the wall with a bracket tipped over as children either stood or jumped on the oven door. One of the children was killed.  One of the many issues in the case was whether the contractor who installed the stove without the bracket was liable to the surviving child.  In upholding the denial of the contractor’s motion for summary judgment, the Third Department explained when a contractual relationship can give rise to tort liability to a third party:

Defendant contends that, since he performed work as a contractor for the rental agent, he owed no duty to the surviving child and, thus, his motion for summary judgment in this regard should have been granted. “[A] contractual obligation, standing alone, will generally not give rise to tort liability in favor of a third party” …. The  three limited exceptions to this general rule include: “(1) where  the contracting party, in failing to exercise reasonable care in the performance  of his [or her] duties, launches a force or instrument of harm;  (2) where  the plaintiff detrimentally relies on  the continued performance  of the contracting party’s duties[;] and  (3) where  the contracting party has entirely displaced the other party’s duty to maintain the premises safely” …. Care must be taken in the application of the exceptions so that they do not “swallow up the general rule” …, and determining whether a duty exists is “a question of law for the courts” ….  Kelley…v Schneck…, 515645, 3rd Dept, 5-2-13

ESPINAL

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