Is a homeowner liable to an employee of an independent contractor who is injured as a result of unsafe procedures used by the contractor?
Alberta, Canada
The following excerpt is from Carriere v. Schlachter, 1999 ABQB 294 (CanLII):
This is not a case of an innocent homeowner hiring a trade to do repair work only to be faced with the results of unsafe procedures used by the trade, unknown and unknowable to them. Rather, it falls within the example discussed by Lord Oliver at 1562 of Ferguson v. Walsh, supra: It is possible to envisage circumstances in which an occupier of property engaging the services of an independent contractor to carry out work on his premises may, as a result of his state of knowledge and opportunities of supervision, render himself liable to an employee of the contractor who is injured as a result of the defective system of work adopted by the employer. THE DISCRETIONARY LIMITATION OF THE DEFENDANTS’ LIABILITY
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