negligent performance-- work of persons employed by him
Article 1723.
The engineer or architect who drew up the plans and
specifications for a building is liable for damages if within fifteen years from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground. The contractor is likewise responsible for the damages if the edifice falls, within the same period, on account of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. If the engineer or architect supervises the construction, he shall be solidarily liable with the contractor.
Acceptance of the building, after completion, does not imply
waiver of any of the cause of action by reason of any defect mentioned in the preceding paragraph.
The action must be brought within ten years following the
collapse of the building. Liability for Quasi-delict to the owner the damages resulting from its total or partial collapse damages caused by the explosion of machinery which has not been taken cared of with due diligence, and the inflammation of explosive substance which have not been kept in a safe and adequate place Damages caused by excessive smoke, which may be harmful to persons or property. Damages caused by the falling of trees situated at or near highways or lanes if not caused by force majeure Damages caused by emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place. Liability to third persons
Article 1728. The contractor is liable for all the claims of
laborers and others employed by him, and of third persons for death or physical injuries during the construction. ---- However, the contractor is liable for injuries that occur after the construction of the building caused by the negligent construction of the building. Privity is not indispensable.
Effect of approval of plans by building official
Gotesco Investment Corporation v. Chatto: the structural designs and plans of the building were duly approved by the City Engineer and the building permits and certificate of occupancy were issued do not at all prove that there were no defects in the construction, especially as regards the ceiling, considering that no testimony was offered to prove that it was ever inspected at all. TOWAGE
One vessel is hired to bring another vessel, like
a barge, to another place. Thus, a tugboat may be hired by a common carrier to brng the vessel to port. In this case the operator of the tugboat cannot be considered a common carrier.
The party that provides the service in a
contract of towage is required to observe the due diligence of a good father of the family. The negligence of the obligor in the performance of the obligation renders him liable for damages for the resulting loss suffered by the obligee. STEVEDORING
The function of stevedores involves the
loading and unloading of coastwise vessels calling at the port. Stevedoring refers to the handling of the cargo in the holds of the vessels or between the ships tackle and the holds of the vessel. The responsibility of the stevedore ends upon the loading and stowing of the cargo in the vessel diligence of a good father of a family. It is not a common carrier because it does not transport goods or passengers. COMMON CARRIERS extra-ordinary diligence in the vigilance over the goods and for the safety of passengers transported by them according to all circumstances of each case.
The law provides that the common carriers shall be
responsible for all the loss, destruction or deterioration of the goods unless the same is due to any of the following causes only:
1. Flood, storm, earthquake, lightning, or other natural
disaster or calamity 2. act of the public enemy in war, whether international or civil. 3. Act or omission of the shipper or owner of the goods. 4. the character of the goods or defects in the packing or in the containers 5. order or act of competent public authority. PRESUMPTION
common carriers have been at fault
or have acted negligently. Burden of proof rests with the carrier in a case based on contract.