The Case of the Inattentive Inspector: Determining liability when independent contractors get hurt on the job

California law and public policy make sure that somebody pays for all worker injuries. The workers’ compensation system was designed to allocate that risk and liability. But what if a worker is injured doing her job for you, at a location owned by somebody else? What if somebody else’s employee is injured working on your property? The following case addresses that question.

Inspector Andrews makes a house call

Kathleen Wagner’s homeowners’ insurance company hired Property and Casualty Surveys, Inc. (PCSI) to conduct an inspection of her single-family home for the purpose of identifying hazardous conditions at her property. Robert Andrews, who was employed by PCSI as an independent field inspector, was assigned to perform the inspection. His job was to assess the property’s general condition, document safety issues, and identify potential risks regarding structural issues, photographing the condition of the home, and preparing a written report, which would be used by the homeowners’ insurance carrier to determine renewal rates and levels of coverage.

Andrews had performed thousands of inspections prior to the day of the incident. His job required him to enter unfamiliar environments where he would encounter numerous unsafe conditions. PCSI expected him to use his common sense and safely perform inspections.