Court of Appeals considers whether contractors owe neighbors a duty to prevent off-site harm

The Utah Court of Appeals heard oral argument in Rosser v. Elite Craft Homes over whether contractors and landowners owe a legal duty to neighboring property owners to conduct construction in a reasonably safe manner. Appellants seek recognition of a categorical duty to protect neighbors from harms that originate on a construction site; respondents say existing Utah precedent and procedural rules bar that expansion.

Appellants' counsel argued the court should recognize a duty grounded in foreseeability and urged the court to consider Restatement (Third) of Torts §54 as persuasive authority. "This case asks whether contractors and landowners owe a duty to the neighbors of their construction sites to conduct their construction in a reasonably safe manner," said counsel for the appellants during opening argument. The appellants relied on Utah cases the parties and the court discussed repeatedly (including Jeffs, Herland, Kessler and Cope) and said those precedents are consistent with adopting a broader duty that would cover both…