246. Duty of care of sub-contractor.

Whether a sub-contractor owes a duty of care to an employer is determined by reference to the general law of negligence1. To establish a claim in negligence the employer would also have to establish the other essential ingredients of the tort2. Economic loss, absent a relevant contractual duty, is not recoverable in tort unless there exists a special relationship of proximity imposing on the tortfeasor a duty of care to safeguard the claimant from economic loss3