Archive for the ‘Independent Contractor’ Category

What a Show

August 15, 2012

Metsker v. Carefree/Scott Fetzer Company (Florida)
(A guest at a recreational vehicle [“RV”] trade show was struck by a pole in a booth for the manufacturer of RV awnings, and he sued both the manufacture and the RV trade association;  the trial court granted the manufacturer’s summary judgment motion by the Court of Appeal reversed finding triable issues of fact.)

The show in question featured displays of RV vehicles and related accessories and services. The plaintiff paid a fee to enter the show.  While he was seated in the defendant manufacturer’s booth a metal pole fell and struck him.  After plaintiff filed his complaint, the manufacturer filed its motion for summary judgment claiming that while it had rented the booth for display, it “did not construct, control, or operate” the booth.  Rather, it had independently contracted with a third party for those booth services.  As such, the manufacturer claimed it did not owe the plaintiff a duty of care.  The trial court agreed, granting the motion, and the plaintiff appealed.

On appeal, the Court explained that with regard to premises liability, “the issue of whether a party has a duty of care does not depend on ownership or title to the premises.  Instead, the appropriate inquiry is whether the party has the ability to exercise control over the premises.”  The Court further noted that “[t]wo or more parties may share control over land or business premises,” and as a result, liability “may rest upon more than one party.”

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