Laserfiche WebLink
OFFICE OF THE CITY ATTORNEY <br />OPINION N0. 72-24 <br />October 12, 1972 <br />SUBJECT: Liability of Public Works Inspectors <br />For Injury Caused by Failure to Shore <br />Trenches or Excavations <br />REQUESTED BY: Ron Wolford, Director of Public Works <br />OPINION BY: James A. Withers, City Attorney <br />By Charles J. Liberto, Assistant City Attorney <br />QUESTION 1: Where contractors are performing work of <br />digging trenches under contract with the <br />City of Santa Ana on City or private prop- <br />erty, are City Inspectors personally liable <br />where they fail to inspect those trenches <br />and where injury is caused by the contrac- <br />tors failure to shore the trenches. <br />ANSWER 1: Yes, the inspectors are personally liable; <br />however, the Chubb/Pacific Indemnity Group, <br />the City's insurance carriers, has indicated <br />that they will "defend [and indemnify) any <br />suit brought against an employee when his <br />alleged negligence occurred while acting <br />within the scope of his employment." <br />QUESTION 2: For contractors performing work on City <br />property for private persons but under a <br />permit issued by the Department of Public <br />Works, are City inspectors personally <br />liable for failure to inspect the shoring <br />of those trenches, where the injury is caused <br />by the contractors failure to shore those <br />trenches. <br />ANSWER 2: No, unless the inspectors have received con- <br />structive notice of the danger inherent in <br />the failure of the contractor to shore the <br />trench. <br />QUESTION 3: For contractors performing work on rivate <br />property for private persons but un er a <br />permit issued by the Department of Public <br />Works, are City inspectors personally liable <br />55 <br />