Kinsman v. Unocal Asbestos case: The Theory of Premises Liability

Read the discussion in the Kinsman v. Unocal asbestos case, where premises liability theory and application in the present case are discussed.

The theory of premises liability we adopt in this case is significantly different from the superior knowledge theory for several reasons. First, under the premises liability theory, the hirer would only have liability if the contractor did not know and could not reasonably have ascertained the hazard, and therefore the practical problem of identifying whose knowledge is superior does not come into play.

Furthermore, whereas the “superior knowledge” theory applies generally to “special risk[s] or the precautions necessary to avoid [them]” (Toland, supra, 18 Cal.4th at p. 277 (conc. & dis. opn. of Werdegar, J.), the premises liability doctrine articulated here applies only to preexisting hazardous conditions on the landowner’s premises.

We would not be creating a new duty or liability but rather applying, and in fact limiting, a duty traditionally imposed on landowners. Moreover, we fully reaffirm the right of hirers “to delegate to independent contractors the responsibility of ensuring the safety of their own workers.”

But we would recognize that such delegation is ineffective when the hirer, as landowner, fails to provide the contractor with the information—the existence of a latent hazard—necessary to fulfill that responsibility.

Courtesy of http://www.courtinfo.ca.gov/opinions/archive/S118561.PDF

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