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Developer hired the Contractor to paint a flagpole, insisting that the work be completed the next day. The Contractor climbed the pole using the steel cable attached to the pole, rather than running a separate line as is customary. The steel cable broke. The Contractor fell.
Under Florida law, a developer is not liable for a contractor's injury unless: (a) it controlled the project; (b) it created the dangerous condition and did not notify the contractor; or (c) it had actual or constructive knowledge of the dangerous condition, and did not notify the contractor.
The Contractor claimed that by insisting that the work be done the next day, the Developer "controlled" the project. The appellate court disagreed, holding that, to be liable, the Developer must retain a right of supervision such that the Contractor is not entirely free to do the work his own way.
Moral: You can tell him what to do, but not how to do it. Cecile Resort, Ltd. v. Hokanson, 729 So.2d 446 (Fla. 5DCA 1999). |
