An independent contractor was hired by a homeowner to install a satellite dish on his roof. The homeowner did not instruct the independent contractor how to access the roof as the independent contractor was trained in conducting site surveys as a satellite installer. After surveying the home, the independent contractor climbed onto a roof extension which collapsed under his weight, resulting in his injury. The independent contractor sought money for his injuries, claiming the homeowner was liable for his injuries since he failed to provide adequate warning of preexisting hazardous conditions on the property. The homeowner claimed he was not liable since the roof extension was not a preexisting hazardous condition as it was never meant to hold a person’s weight. A California appeals court held the homeowner was not liable for the independent contractor’s injuries since the independent contractor’s observation of the property should have revealed the roof extension was not meant to be climbed on, and thus did not present a hazardous condition. [Gravelin v. Satterfield (November, 17 2011) 200 CA4th 1209]
Credit given to the first tuesday Journal Online — P.O. Box 5707, Riverside, CA 92517.