Facts: A general contractor employed a subcontractor to work at a public construction site. Under the terms of employment, the subcontractor was required to comply with all health and safety requirements and assume liability for workplace safety. The subcontractor hired an employee, who slipped and fell on wet scaffolding at the public construction site. The employee sought compensation for his injury from the general contractor.
Claim: The employee claimed the general contractor acted negligently and must compensate him for his injury since the wet scaffolding created a dangerous condition at the public construction site.
Counterclaim: The general contractor claimed he was not liable for the employee’s injury since the subcontractor was liable under the terms of the subcontractor’s employment to make the public construction site safe.
Holding: A California court of appeals held the general contractor was not liable for the subcontractor’s employee’s injuries since he passed liability to the subcontractor to make the public construction site safe under the terms of his employment. [Brannan v. Lathrop Construction Associates Inc. (June 12, 2012)_CA_]