California Supreme Court Holds Landowner May Be Liable For Injuries To Independent Contractor's Employee When Landowner Fails To Warn Contractor Of Concealed Hazard
Kinsman v. Unocal Corp. 36 Cal. Rptr. 3d 495 (Dec. 19, 2005)
The state Supreme Court ruled that a landowner who hires an independent contractor may be liable for injuries to the contractor's employees if the landowner knew or reasonably should have known of a concealed hazardous condition, and the condition could not reasonably have been discovered by the contractor.
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Bell v. Greg Agee Construction, Inc.
125 Cal. App. 4th 453 (4th Dist. Dec. 29, 2004)
General contractor which did not affirmatively contribute to injury of subcontractor's employee was not subject to liability under peculiar risk doctrine for employee's injury even though subcontractor lacked workers' compensation insurance at the time of the injury. Because subcontractor's employee was not prevented from seeking compensation from the state's Uninsured Employers Fund, there was no justification for imposing vicarious liability on general contractor.
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