Delgadillo v. Television Center, Inc.Annotate this Case
Plaintiffs, survivors of the decedent who fell to his death while washing windows, filed suit against TCI for negligence and negligence per se, alleging that decedent was fatally injured because TCI failed to install structural roof anchors, as required by statute, to which decedent could attach a descent apparatus. The Court of Appeal affirmed the trial court's grant of summary judgment for TCI. The court explained that Privette v. Superior Court (1993) 5 Cal.4th 689, and its progeny held that when a property owner hires an independent contractor, the property owner is not liable for injuries sustained by the contractor's employees unless the defendant's affirmative conduct contributed to the injuries. The court held, in this case, that the undisputed evidence was that TCI did not direct how the window washing should be done nor otherwise interfere with the means or methods of accomplishing the work. Therefore, TCI was not vicariously liable to plaintiffs for the negligence of the contractor or its employees.