The Louisiana Court of Appeal recently addressed the liability of architects in premises liability claims in Holleman v. Golden Nugget Lake Charles, LLC, 2024 WL 4897557 (La. App. 3 Cir. 11/27/24).  Plaintiff Martha Holleman (“Ms. Holleman”) alleged she sustained injuries after slipping on wet travertine tiles near the pool area of the Golden Nugget Casino. Ms. Holleman argued the tiles were inherently slippery when wet and Bergman Walls & Associates (“Bergman”), the architect of record, was negligent in allowing the use of the tiles in the pool area.

Bergman argued it bore no liability for the incident because its role related to the pool area was limited to design, and the construction of the pool area was carried out by its independent contractor, Lifescapes International (“Lifescapes”), the landscape architect. Bergman moved for summary judgment, asserting it did not have operational control over Lifescapes and could not be held liable under the circumstances. The trial court granted Bergman’s motion, holding it could not be held liable for the actions of Lifescapes. However, the Court of Appeal reversed the trial court’s decision.

The Court of Appeal focused on two critical factors: (1) the terms of Bergman’s Design Services Agreement with the property owner; and (2) the record lacking a contract between Bergman and Lifescapes. While principals are generally not vicariously liable for an independent contractor’s actions, the Court noted exceptions exist when a principal retains operational control over an independent contractor’s work or has direct involvement in decisions that lead to unsafe conditions. The Court of Appeal found unresolved factual issues regarding the Design Services Agreement and the degree of control Bergman may have exercised over Lifescapes’ work.

Ms. Holleman argued Bergman’s Design Service Agreement with the property owner made it responsible for the Golden Nugget project and its consultants.  Additionally, Ms. Holleman argued the lack of a contract between Bergman and Lifescapes made Bergman’s level of control over Lifescapes’ work a fact question.

Holleman serves as a reminder for architects to precisely define their roles in design and construction projects to minimize liability exposure. When subcontractors or independent contractors are involved, the absence of a direct contract can further create factual disputes. Architects can mitigate these risks by clearly delegating construction-related duties, explicitly limiting their scope of involvement, and thoroughly documenting project decisions. These measures not only clarify their professional responsibilities but also serve as critical evidence should claims arise.