What is the test for determining whether a contractor employed by a defendant has been found to have failed to provide the specified safeguards or precautions?
California, United States of America
The following excerpt is from Summers v. A.L. Gilbert Co., 69 Cal.App.4th 1155, 82 Cal.Rptr.2d 162 (Cal. App. 1999):
"Thus, if you find that the contractor employed by the defendant omitted to provide the specified safeguards or precautions or failed to put defendant's equipment in the condition required and that such omission or failure was a cause of plaintiff's injury, you will find that defendant is liable for plaintiff's injury unless defendant proves by a preponderance of the evidence that such omission or failure was not due to any negligence on the part of such contractor."
(See also, Hasson v.
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