California Court of Appeal

A premises owner has no liability to an independent contractor's employee for a dangerous condition a contractor has created on the property unless the dangerous condition was within the property owner's control and the owner exercised this control in a manner that affirmatively contributed to the employee's injury. Failure to instruct on the limitations on the premises owner's liability requires reversal.

Appellate Information

• Decided 07/18/2003
• Published 07/18/2003

Judges

• PARRILLI, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael T. McCall,Robert M. Channel, Cyrian B. Tabuena, Allan W. Ruggles;  Walsworth, Franklin, Bevins & McCall, for Appellant.


• For Appellees:
  
• Daniel U. Smith, Ted W. Pelletier, Harry F. Wartnick, Charles C. Kelly II;  Wartnick, Chaber, Harowitz & Tigerman, for Respondent.