In premises liability cases we often think of claims as being brought by outside third parties who are visiting a property but have no particular affiliation to it. These can be customers who enter a store, delivery men dropping off a package, or party guests coming over for a night of fun. Less well known is the fact that premises liability claims also apply to independent contractors and workers who are hired to be on a property for a certain amount of time. A recent case before the Tennessee Court of Appeals illustrates this fact.
In this construction accident case, E.M. brought claims against CSC Sugar, LLC after he was injured while working at their warehouse. E.M. was a subcontractor employee who had been hired to renovate CSC’s warehouse. At the time of the accident he was up on scaffolding using a screw gun to secure sheetrock to an interior wall. Because the warehouse had limited electricity available, E.M.’s screw gun was connected to a one hundred foot extension cord that ran to the nearest outlet. Based on where E.M. was working at the time, the extension cord crossed an open doorway that was being used by CSC employees. At the time of the accident, one CSC employee drove a forklift over the doorway, the forklift became entangled with the extension cord and the snare pulled the screw gun and the scaffolding that E.M was located on, causing E.M. to fall ten feet to the concrete below. E.M. sued CSC for damages, arguing that CSC failed to maintain its property in a a reasonably safe condition.
At the motion for summary judgment state, CSC argued that E.M. had in fact caused the dangerous condition because he arranged the extension cord across the doorway, and he was aware of this condition, and on this basis there was no failure of CSC to exercise reasonable care or warn E.M. of the dangerous situation. Accordingly, the lower court granted CSC’s motion for summary judgment and E.M. appealed.