Don’t Get Burned: Why Jobsite Safety—Including Power Lines—Matters More Than Ever in Texas

by: William C. Little - Texas Construction Law Attorney

As a builder or construction contractor in Texas, you know how important it is to manage materials, schedules, and subcontractors. But a recent Texas Supreme Court decision makes it crystal clear: if you’re not managing safety on your site—especially when it comes to hazards like overhead power lines—you’re exposing yourself to serious legal risk. Let’s break down what happened in Los Compadres Pescadores, LLC v. Valdez, 622 S.W.3d 771 (Tex. 2021), and why it should change how every contractor approaches jobsite safety.

What Happened in the Case

The property owner (Los Compadres) was building a condominium on South Padre Island. Instead of hiring a general contractor, they hired someone to manage the project directly. A subcontractor, Paredes, was brought in to install deep concrete pilings. His crew, including Juan Valdez and Alfredo Teran, was injured when a long piece of rebar they were lowering into a concrete-filled hole contacted a live power line hanging overhead.

The workers sued the property owner, arguing that the site was unsafe. The owner pushed back, claiming they weren’t responsible for what happened. But the Texas Supreme Court sided with the injured workers.

The Legal Takeaways for Contractors

1. You're Responsible for a Safe Jobsite—Even if You Didn't Swing the Hammer

The Court ruled that Los Compadres retained control over how the work was done, even though they weren’t physically on-site. Their representative gave instructions, including telling the contractor to work near an energized power line without proper safeguards in place. That was enough to impose liability.

Lesson: If you’re directing work—even informally—you may be legally responsible for jobsite hazards.

2. Jobsite Hazards Aren’t Just “Open and Obvious” Anymore

One common legal defense is that workers should have known about an obvious hazard (like a power line) and avoided it. But the Court rejected that idea here. Yes, the power line was visible—but whether it was energized wasn’t so clear. The Court found that just seeing a hazard doesn’t mean workers fully understand the risk.

Lesson: Don't assume that because a danger is visible, you're off the hook. If it’s dangerous, it’s your job to warn, protect, or de-energize.

3. Power Line Safety Is Legally Regulated—and Ignoring It Can Cost You

Texas Health & Safety Code Chapter 752 says you can’t perform work near high-voltage lines unless you’ve made arrangements to de-energize, move, or shield them. In this case, no one made those arrangements. That created both a statutory violation and a dangerous jobsite.

Lesson: If overhead power lines are anywhere near your site, stop work until you’ve cleared it with the power company.

4. Chapter 95 Still Applies, But It Doesn’t Let You Off the Hook

Texas Civil Practice & Remedies Code Chapter 95 limits lawsuits against property owners when a subcontractor’s employee is injured. But to use that protection, you need to prove that:

• You didn’t control how the work was done, and

• You didn’t have actual knowledge of the hazard.

In this case, Los Compadres did both—so they lost that protection.

Lesson: If you want Chapter 95 to shield you, stay truly hands-off on how the work is performed, and act immediately when safety concerns are raised.

Why This Decision Is a Big Deal

This opinion shifts how contractors and property owners need to think about jobsite safety. Before this ruling, many believed that just hiring independent contractors gave them legal cover if something went wrong. Not anymore.

Now, if:

• You’re managing work,

• You're giving direction to subcontractors,

• You're ignoring known safety issues like power lines…

You could be held liable for injuries—even if you weren’t holding the tools.

What To Do Next

To protect your crew and your business, here are some proactive steps:

✅ Walk the site before work begins—look for overhead lines, unstable surfaces, and other hazards.

✅ Have a safety plan—especially when working near power lines or in complex environments.

✅ Document your safety steps—if you warn a subcontractor or contact a utility company, get it in writing.

✅ Include clear safety terms in contracts—clarify who is responsible for what, and make sure everyone knows who’s in charge of site safety.

✅ Talk to an attorney—if you're hiring subcontractors or managing sites directly, get legal advice on your exposure under Chapter 95 and related safety laws.

Final Word

This case isn’t just a cautionary tale—it’s a call to action for every contractor and builder in Texas. You have to take jobsite safety seriously, not just to protect your workers, but to protect yourself from legal and financial disaster.

If your site has power lines, heavy equipment, or any hazardous conditions, don’t take shortcuts. What you ignore today could be a lawsuit tomorrow.

Need help reviewing your contracts or analyzing your potential liability risk? Reach out—we’re here to help.