FISHERMAN'S PARADISE, INC., APPELLANT,
v.
NANCY GREENFIELD AND MELVIN GREENFIELD, APPELLEES
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Fisherman's Paradise appealed a summary judgment entered against it for injuries caused by a negligently installed refrigerator on a customer's boat. The court reversed, holding that genuine issues of material fact remain regarding whether Fisherman's Paradise could be liable for its subcontractor's negligence under exceptions to the independent contractor rule, particularly the inherently dangerous task exception.
The court reversed the summary judgment and remanded because genuine issues of material fact exist regarding Fisherman's Paradise's potential liability. The court held that exceptions to the independent contractor rule—including liability for inherently dangerous tasks and non-delegable duties—preclude summary judgment without factual determination.
[1] An employer is generally not liable for the negligent acts of an independent contractor due to the employer's lack of control over the work's performance.
[2] An employer may be liable for the negligent acts of an independent contractor when the employer's liability arises from the contractor's negligent performance of inherent…
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Join FLexlaw to unlock all legal intelligence“an employer is not liable for the negligent acts of an independent contractor because he lacks control over the manner in which the work is performed”
States the general rule from which exceptions exist
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Join FLexlaw to unlock all legal intelligenceMelvin Greenfield brought his ten-year-old boat to Fisherman's Paradise for refurbishing. Fisherman's Paradise subcontracted the refrigerator replacem…
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BASKIN, Judge.
Appellee Melvin Greenfield took his ten-year-old boat to Fisherman’s Paradise for refurbishing. Fisherman’s Paradise subcontracted part of the work, including replacement of the refrigerator, to Endeavor Marine. During a boating trip, the refrigerator broke loose from its mounting and injured Mrs. Greenfield. The Greenfields sued both Fisherman’s Paradise and Endeavor Marine. They alleged that Fisherman’s Paradise was responsible for the negligent installation and included a claim predicated upon strict liability. They also charged Endeavor Marine with negligently installing the refrigerator. Upon motion, the trial court entered summary judgment against both Fisherman’s Paradise and Endeavor Marine, denying the motion for summary judgment filed by Fisherman’s Paradise.
In this appeal, Fisherman’s Paradise contends it should not be held liable for negligent acts of Endeavor Marine, because it operated as an independent contractor. Finding that genuine issues of material fact remain to be decided, we reverse the summary judgment.
According to the general rule, an employer is not liable for the negligent acts of an independent contractor because he lacks control over the manner in which the work is performed. 2 Fla.Jur.2d, Agency and Employment § 109 (1977). One of the many exceptions to the general rule, however, occurs when the employer’s liability arises from the contractor’s negligent performance of inherently dangerous tasks. El Shorafa v. Ruprecht, 345 So. 2d 763 (Fla. 4th DCA 1977); Bialkowicz v. Pan American Condominium No. 3, Inc., 215 So. 2d 767 (Fla. 3d DCA 1968), cert. denied, 222 So. 2d 751 (Fla.1969).
Furthermore, an employer may not escape liability for the creation of an inherently dangerous condition (at least on premises where public use is invited) unless it was not discoverable on reasonable inspection. Mai Kai, Inc. v. Colucci, 205 So. 2d 291 (Fla.1967); Slavin v. Kay, 108 So. 2d 462 (Fla.1959); Cardounel v. Shell Oil Co., 397 So. 2d 328 (Fla. 3d DCA 1981), appeal dismissed, 407 So. 2d 1102 (Fla.1981); Forte Towers South, Inc. v. Hill York Sales Corp., 312 So. 2d 512 (Fla. 3d DCA 1975).
Non-delegable duties may result from contractual obligations. Irving v. Doctors Hospital of Lake Worth, Inc., 415 So. 2d 55 (Fla. 4th DCA 1982) [7 FLW 1179]; Campbell v. Bellman, 293 So. 2d 795 (Fla. 3d DCA 1974); Mills v. Krauss, 114 So. 2d 817 (Fla. 2d DCA 1959), cert. denied, 119 So. 2d 293 (Fla.1960); see also Easton v. Weir, 125 So. 2d 115 (Fla. 2d DCA 1960), cert. denied, 129 So. 2d 141 (Fla.1961) (landlord assumed duty to replace roof; employing an independent contractor did not absolve it of liability); 41 Am. Jur.2d, Independent Contractors § 37 (1968).
Whether Fisherman’s Paradise may be held liable for Endeavor’s negligent conduct under the foregoing principles is subject to a factual determination. We find no merit in the arguments presented in support of liability on other grounds. Arvida Corp. v. A. J. Industries, Inc., 370 So. 2d 809 (Fla. 4th DCA 1979); see Watson v. Lucerne Machinery & Equipment, Inc., 347 So. 2d 459 (Fla. 2d DCA), cert. denied, 352 So. 2d 176 (Fla.1977); Restatement, Torts 2d § 402A (1965); 72 C.J.S. Products Liability § 8 (Supp.1975). We therefore reverse the summary judgment and remand for further proceedings.
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Cited By (13 total)
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Pope v. Winter Park Healthcare Grp., Ltd., 939 So. 2d 185 (Fla. 5th DCA 2006)…able for injuries caused by an independent contractor’s negligence, there are exceptions recognized in the law of tort. See Carrasquillo v. Holiday Carpet Serv., Inc., 615 So. 2d 862, 863 (Fla. 3d DCA 1993); Fisherman’s Paradise, Inc. v. Greenfield, 417 So. 2d 306, 307 (Fla. 3d DCA 1982). In fact, the Third District has referred to the rule of non-liability of independent contractors as the “riddled rule” because it is “riddled with exceptions.” See Gordon v. Sanders, 692 So. 2d 939, 941, (Fla. 4th DCA 1997);…
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Windham v. Fla. Dep't of Transp., 476 So. 2d 735 (Fla. 1st DCA 1985)…peration of dangerous instrumentalities by an independent contractor. See, Florida Power and Light Co. v. Price, 170 So. 2d 293 (Fla.1964); Padilla v. Gulf Power Company, 401 So. 2d 1375 (Fla. 1st DCA 1981); Fisherman’s Paradise, Inc. v. Greenfield, 417 So. 2d 306 (Fla. 3rd DCA 1982); Hill v. Walker's Cay Air Terminal, Inc., 405 So. 2d 198 (Fla. 4th DCA 1981), pet. for rev. den., 412 So. 2d 471 (Fla.1982). As discussed elsewhere in this opinion, liability predicated upon these theories is unavailing in view o…
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City OF Coral Gables v. Prats, 502 So. 2d 969 (Fla. 3d DCA 1987)…ement with DOT and that its liability stems from that agreement. We agree with appellees. Although it is well-settled that an employer may not be held liable for the negligence of an independent contractor, Fisherman’s Paradise, Inc. v. Greenfield, 417 So. 2d 306 (Fla. 3d DCA 1982); Webb v. Priest, 413 So. 2d 43, 47 n. 2 (Fla. 3d DCA 1982); Smith v. United States, 497 F. 2d 500 (5th Cir.1974), the general rule is riddled with numerous exceptions, see generally W. Prosser & W. Keeton, Torts § 71 (5th ed. 1984…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (18 total)
- Slavin v. Sanford KAY, 108 So. 2d 462 (Fla. 1958)
- Irving v. Doctors Hosp. OF Lake Worth, Inc., 415 So. 2d 55 (Fla. 4th DCA 1982)
- Mills v. Otto Krauss, 114 So. 2d 817 (Fla. 2d DCA 1959)
- Easton v. Weir, 125 So. 2d 115 (Fla. 2d DCA 1960)
- Bialkowicz v. PAN Am. Condo. NO. 3, Inc., 215 So. 2d 767 (Fla. 3d DCA 1968)
- MAI KAI, Inc. v. Mary Colucci and her husband, 205 So. 2d 291 (Fla. 1967)
- Watson v. Lucerne Mach. & Equip., Inc., 347 So. 2d 459 (Fla. 2d DCA 1977)
- Greater Miami Car Rental Serv., Inc. v. Kimenker, 119 So. 2d 293 (Fla. 1960)
- Schroeder v. Rozum, 119 So. 2d 293 (Fla. 1960)
- Russell v. State of Fla. Dep't OF Health & Rehabilitative Servs., 345 So. 2d 763 (Fla. 4th DCA 1977)