Is a property manager responsible for the negligence of an independent contractor when the property manager retained control of the worksite where an explosion occurred?

Ruckman v. Ag-Wise Enterprises, Inc

Facts: A property manager hires an independent contractor to excavate soil at an agricultural property where a gas line runs underneath the worksite. The independent contractor follows specific instructions from the property manager on how and where to dig. The property manager is onsite almost daily. After several safety protocols are not followed by the independent contractor, the excavation hits the gas line and explodes. A severely injured neighbor living on the adjoining property seeks monetary compensation from the property manager.

Claim: The neighbor claims the property manager was negligent since they retained control over the worksite and owed a duty of care to the neighbor to intervene against the independent contractor’s negligent actions.

Counterclaim: The property manager claims they are exempt from the duty of care since the negligent actions were taken by an independent contractor, not an employee.

Holding: A California appeals court holds the property manager is not exempt since they retained control over the worksite, including the contractor’s negligent actions which injured the neighbor who was owed a duty of care. [Ruckman v. Ag-Wise Enterprises, Inc (2025) 117 CA5th 571]

Ruckman v. Ag-Wise Enterprises, Inc

Is a property owner liable for injuries sustained by an independent contractor due to a hazardous condition known to the owner and discoverable by the contractor?

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