In an action brought by an independent contractor against the general contractor for personal injuries sustained on a jobsite, the California Court of Appeal found a triable issue of fact as to whether the general contractor may be directly liable to the independent contractor on the theory that the general contractor retained control over safety conditions at the jobsite and that control affirmatively contributed to the independent contractor's injuries. Most importantly, the Court of Appeal also addressed whether a jury could conclude that the general contractor affirmatively contributed to the independent contractor's injuries by breaching a nondelegable duty, thus being directly liable for the independent contractor's injuries.
Link to PDF -Tverberg v Fillner Construction (March 25 2011)