The Tennessee Supreme Court recently declined to impose liability on either an independent contractor or a hotel owner when a defectively installed handicap accessible shower bench broke, causing injuries to a paralyzed hotel guest (Parker v. Holiday Hospitality Franchising). The independent contractor had improperly installed the bench with the improper installation covered by sheetrock. The independent contractor was not liable since a Tennessee statute of repose limits claims for negligent construction to four years from when a certificate of occupancy has been issued. The hotel owner was not liable since he had no "actual or constructive notice" of the defective condition. The...
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