Is there an exception to the general rule of nonliability when a landowner fails to warn an independent contractor about a hazardous condition on their property?

California, United States of America


The following excerpt is from Alvarez v. Seaside Transp. Servs. LLC, 13 Cal.App.5th 635, 221 Cal.Rptr.3d 119 (Cal. App. 2017):

2 Another exception to the general rule of nonliability exists when a landowner fails to warn an independent contractor about a "latent or concealed preexisting hazardous condition on its property." (Kinsman v. Unocal Corp. (2005) 37 Cal.4th 659, 664, 36 Cal.Rptr.3d 495, 123 P.3d 931.) Appellant does not argue this exception applies, nor do we believe it is at issue given the 45-foot container was not latent or concealed.

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