Dealing with Wrongful Death Issues in Slip and Fall Claims

Seary Denney Scarola Barnhart & Shipley Slip and fall accidents in Florida are frequently underestimated because the term “slip and fall” sounds relatively minor. Our minds tend to create images of slipping, falling onto our floor, and standing back up, albeit a bit more slowly, with a few curse words and maybe a bruise for our… Continue reading Dealing with Wrongful Death Issues in Slip and Fall Claims

Under Privette Doctrine, A Landowner Delegates All Responsibility For Workplace Safety to its Independent Contractor, and therefore Owes No Duty to Remedy or Adopt Measures to Protect Against Known Hazards

Krsto Mijanovic, Jeffrey C. Schmid and John M. Wilkerson | Haight Brown & Bonesteel In Gonzalez v. Mathis (2021 WL 3671594) (“Gonzalez”), the Supreme Court of California held that a landowner generally owes no duty to an independent contractor or its workers to remedy or adopt other measures to protect them against known hazards on the premises.… Continue reading Under Privette Doctrine, A Landowner Delegates All Responsibility For Workplace Safety to its Independent Contractor, and therefore Owes No Duty to Remedy or Adopt Measures to Protect Against Known Hazards

California Supreme Court Declines to Create Exception to Privette Doctrine for “Known Hazards”

Tracy D. Forbath | Lewis Brisbois Bisgaard & Smith In Gonzalez v. Mathis (Aug. 19, 2021, S247677) __ Cal.5th___, the California Supreme Court reversed an appellate decision holding that a landowner may be liable to an independent contractor, or the contractor’s workers, for injuries resulting from “known hazards,” as running contrary to the Privette doctrine. In Gonzalez, the contractor, who… Continue reading California Supreme Court Declines to Create Exception to Privette Doctrine for “Known Hazards”

Calif. Supreme Holds the Line on Homeowners’ Liability for Contractor Injuries

Jim Sams | Claims Journal A homeowner who exercised no control over the worksite is not liable for injuries to an independent contractor even though the homeowner had failed to repair an obvious hazard, the California Supreme Court ruled. In a unanimous decision Thursday, the high court overturned the Court of Appeals, saying it will “decline to… Continue reading Calif. Supreme Holds the Line on Homeowners’ Liability for Contractor Injuries

Construction Site Injuries: Avoiding And Limiting Liability

Steven Gonzalez and Aaron Cohn | Weinberg Wheeler Hudgins Gunn & Dial Workplace injuries on construction sites are common occurrences. For large projects that span multiple years with deca-million dollar budgets, even contractors with the best safety practices can expect dozens of injuries and related incidents to be reported in a given year. Many more… Continue reading Construction Site Injuries: Avoiding And Limiting Liability