Advertising Disclosure Email Disclosure

A property owner has a duty to warn an independent contractor’s employee of hazards not inherent to the contractor’s job.

April 1, 2015
Phillips v. Republic Fin. Corp., 2015 Fla. App. LEXIS 4 (Fla. Dist. Ct. App. 5th Dist. January 2, 2015)

The defendants—a building owner, a former tenant who was a shareholder in the current tenant, a finance company and the company’s employee—were not entitled to summary judgment in a premises liability action on the issue of duty to warn an independent contractor’s employee of painted-over skylights on the building’s roof because, inter alia, the dangerous condition of the painted-over skylight was not “patently obvious to all,” and falling through a painted-over skylight was not a “usual hazard” of cleaning and painting a roof or repairing and caulking skylights. An owner owes a business visitor a duty to warn of latent and concealed perils known to the owner; or which, by the exercise of due care, should have been known to him and which were not known by the visitor; or which, by the exercise of due care, could not have been known to him. Moreover, in cases where the facts involve leased premises, the extent of responsibility for injuries occurring on the leased premises depends on the extent the owner maintains control over the premises.

Case Law Alerts, 2nd Quarter, April 2015

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2015 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."