Totten v. Gruzen - 52 N.J. 202, 245 A.2d 1 (1968)

Rule:

All builders and contractors are not to be relieved from liability merely because their work has been completed and accepted by the owner. Such liability may rest on architects and engineers on the basis of improper design as well as on contractors for defective materials, equipment and workmanship.

Facts:

Appellants infant and parents lived in an apartment in a low-income multi-family housing project. The project had been completed a number of years before appellants moved in. Appellant child was severely burned when he played on the exposed hot water pipes that connected to the radiator. Appellant father filed a suit but did not file against all the parties. Appellants then brought suit against appellees architects, construction contractor, and heating contractor. On motion from appellees in the trial court, the case was dismissed following appellants' opening statement to the jury. Appellees used the defense of no liability as independent contractors under the "completed and accepted" rule, which negated any liability once the building owner accepted the independent contractor's work. The defense was raised for the first time in the trial motion for dismissal. 

Issue:

Can the architects, the general contractor, or the heating contractor of an apartment house be held liable in negligence, on the theory of alleged improper design of the heating system creating an unreasonable risk of harm, for personal injuries sustained by the child of a tenant some years after their work had been completed and accepted by the owner?

Answer:

Yes.

Conclusion:

The court held that it was overthrowing the "completed and accepted" rule as a defense by independent contractors to negligence claims. The court reversed the dismissal and remanded for a new trial.