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Keywords

contractlawsuitplaintiffnegligenceappealsustainedduty of care
contractplaintiffdefendantappealduty of care

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France v. Southern Equipment Co., 225 W.Va. 1, 689 S.E.2d 1

Facts

Robert France, a 16-year-old high school student, was hired by Royalty Builders to work as a roofer during his Spring Break. The building owner, Southern Equipment Company, contracted with Quality Metal Roof for a new roof, unaware that Quality Metal Roof only supplied materials and hired Royalty Builders for installation. On the job, France fell through the roof due to a lack of safety equipment and sustained serious injuries. France's parents filed a lawsuit against Quality Metal Roof and Southern Equipment, alleging negligence and unsafe working conditions.

In the Spring of 2006, plaintiff Robert France was 16 years old and in the 10th grade in high school. Third-party defendant Danny Hensley, doing business under the name “Royalty Builders” (hereafter referred to as “Royalty Builders”) hired Mr. France to work for him as a roofer during his Spring Break from high school.

Issue

Did the building owner, Southern Equipment, owe a duty of care to the roofer, Robert France, and was the roofing work inherently dangerous?

Did the building owner, Southern Equipment, owe a duty of care to the roofer, Robert France, and was the roofing work inherently dangerous?

Rule

A property owner has a duty to provide a reasonably safe workplace, but this duty does not extend to conditions created by an independent contractor once the contractor assumes control. Additionally, the independent contractor defense is unavailable if the owner knows of and sanctions illegal conduct by the contractor.

A property owner has a duty to provide a reasonably safe workplace, but this duty does not extend to conditions created by an independent contractor once the contractor assumes control.

Analysis

The court analyzed whether Southern Equipment retained control over Royalty Builders and concluded that it did not. The court found that Southern Equipment had no knowledge of the illegal employment of the underage worker and did not sanction such conduct. Furthermore, the court determined that the roofing work was not inherently dangerous, as the risks could have been mitigated with proper safety precautions.

The court analyzed whether Southern Equipment retained control over Royalty Builders and concluded that it did not.

Conclusion

The Supreme Court of Appeals affirmed the lower court's decision, holding that Southern Equipment owed no duty of care to Robert France and that the roofing work was not inherently dangerous.

The Supreme Court of Appeals affirmed the lower court's decision, holding that Southern Equipment owed no duty of care to Robert France and that the roofing work was not inherently dangerous.

Who won?

Southern Equipment Company prevailed in the case because the court found it did not owe a duty of care to the plaintiff and that the work was not inherently dangerous.

Southern Equipment Company prevailed in the case because the court found it did not owe a duty of care to the plaintiff and that the work was not inherently dangerous.

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