California, United States of America
The following excerpt is from Alber v. Owens, 427 P.2d 781, 59 Cal.Rptr. 117, 66 Cal.2d 790 (Cal. 1967):
10 Nevertheless, even where identical duties exist, it cannot be said as a matter of law that 'where there is liability on the general contractor it must inexorably follow that liability shall co-exist against the subcontractor-employer.' (Souza v. Pratico, supra, 245 A.C.A. 680, 689, 54 Cal.Rptr. 159, 165.)
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