Defendants say they delegated duty to take proper precautions to protect against workplace hazards
The doctrine in the case of Privette v. Superior Court (1993) is grounded on the presumption that an independent contractor’s hirer generally delegates to the contractor responsibility for supervising the job, including the duty to look after employees’ safety.
Kimco Realty Corporation and its subsidiary, PK 1 Plaza 580 SC, LP (collectively, Kimco) – the defendants in the case of Ramirez et al. v. PK 1 Plaza 580 SC, LP et al. – owned and operated a shopping center. One of the tenants, Freeway Insurance Services, Inc., vacated the suite that it was leasing.
Under the lease, the tenant was responsible for removing an exterior sign from the suite. The tenant chose to hire the plaintiff, a self-employed contractor, to remove the sign. As the plaintiff was in the roof area to search for the sign’s electrical box, he fell through an opening and had serious injuries.
The plaintiff and his wife filed a tort action against Kimco. They made claims for general negligence, premises liability, negligence per se, and negligent infliction of emotional distress.
Kimco filed a motion for summary judgment. The defendants argued that it owed no duty of care to the plaintiff, that it delegated to him its duty to take proper precautions to protect against obvious workplace hazards in line with the Privette Doctrine, and that the roof’s opening was not a concealed condition or unascertainable to...
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