(Download) "Kinsman v. Unocal Corp." by California Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Kinsman v. Unocal Corp.
- Author : California Court of Appeals
- Release Date : January 18, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
CERTIFIED FOR PUBLICATION This case presents an unsettled question under Privette v. Superior Court (1993) 5 Cal.4th 689 (Privette) and its progeny: Under what circumstances, if any, may a premises owner be held liable for injuries sustained by the employee of an independent contractor due to a dangerous condition on the owner's property? Based on the policies expressed in Privette and the Supreme Court's application of those policies in recent cases, we conclude a premises owner has no liability to an independent contractor's employee for a dangerous condition a contractor has created on the property unless the dangerous condition was within the property owner's control and the owner exercised this control in a manner that affirmatively contributed to the employee's injury. Because the jury instructions in this case did not reflect these limitations on the premises owner's liability, we reverse for a new trial. 1
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