Bill Provides Immunity for Landscape Architects & Contractors

A bill has recently passed the house and senate amending workers compensation liability provisions that provide immunity for design professionals, including the owner, contractor, landscape architects, and designers from claims by an injured worker. HB2998/SB6600 extends this immunity to the owner, developer and other contractors on the site, but the bill also establishes that the immunity does not extend to any person or entity who injures a worker deliberately. It also does not extend to manufacturers and product sellers for product liability actions. The bill retains the provision specifying that the immunity does not apply to the negligent preparation of design plans and specifications by a design professional (defined as landscape architect, architect, professional engineer or land surveyor. It also specifies that the statute of repose (preventing lawsuits after six years) for construction of buildings or improvements to real property applies to registered and licensed persons. Identical companion legislation is now before congress to submit this act to the electorate for a referendum.