Miller v. Roseville Lodge No. 1293

Facts: A property owner hires a temporary worker to relocate their automated teller machine (ATM). The worker uses the owner’s mobile scaffold to assess the ATM. One wheel on the scaffold is unlocked and the scaffold moves while the worker is using it. The worker falls to the ground and suffers injuries.

Claim: The worker seeks money losses, claiming the property owner is liable for their injuries since the owner did not inform the worker of the scaffold being unsecure or unsafe.

Counterclaim: The owner claims they are not liable for the worker’s injuries since the owner delegated the responsibility of performing the task safely to the worker when they hired the worker for the job.

Holding: A California appeals court holds the owner is not liable for injuries incurred by the worker while using the owner’s equipment since the owner delegated the responsibility of performing the task safely to the worker hired for the job. [Miller v. Roseville Lodge No. 1293 (2022) CA5th 825]

Read Miller v. Roseville Lodge No. 1293.

Related article:

May a contractor hold a property owner liable for injuries caused from a known hazard while on the job?