7 Ohio opinions name it 2 courts 2002–2021 2 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Willis E. Wilson, Rep., Estate of Tomikia Wilson v. Good Humor Corporation and David A. Williamsgreen2 sentences2002Thus, when the activity at issue is not “generically hazardous,” the applicability of the exception “depends not only on the generic nature of an independent contractor’s work but also on the fact-specific, particular circumstances under which any task is to be performed.” Id. at 1304 . {¶ 38} I do not view the work YSP contracted to perform—providing security guards to protect Greif Brothers property—as falling within the “generically hazardous” branch of the inherently-dangerous-work exception.5 5. 2002See Wilson v. Good Humor Corp. (C.A.D.C.1985), 757 F.2d 1293, 1303-1304 . | 2 | 2 |
McCumbers v. Yusa Corp., Unpublished Decision (11-6-2006)green1 sentence2021Fayette No. CA2006-05-018, 2006-Ohio-5847, ¶ 10 (the fact that a tile floor can be made slippery does not support the conclusion that working in an industrial kitchen gives rise to the inherently dangerous work exception); Stevens v. Highland Cty. | 1 | 1 |
Huddleston Ex Rel. Huddleston v. Union Rural Electric Ass'ngreen1 sentence2002(Colo.1992), 841 P.2d 282, 290, fn. 9 ; Saiz v. Belen School Dist. (1992), 113 N.M. 387, 394 , 827 P.2d 102, 109, fn. 6 . 12 January Term, 2002 circumstances may be so complicated that minds might easily differ as to the danger attendant upon the execution of the work, resulting in different conclusions as to the duty of the owner to exercise care to avoid injury to third persons.” Id., 123 Ohio St. at 308 , 175 N.E. at 208 . {¶ 37} If an independent contractor’s work is “generically hazardous,” such that the activity poses an inherent danger to others regardless of the skill with which the co | 1 | 1 |
Saiz Ex Rel. Estate of Saiz v. Belen School Districtgreen2 sentences2002(Colo.1992), 841 P.2d 282, 290, fn. 9 ; Saiz v. Belen School Dist. (1992), 113 N.M. 387, 394 , 827 P.2d 102, 109, fn. 6 . 12 January Term, 2002 circumstances may be so complicated that minds might easily differ as to the danger attendant upon the execution of the work, resulting in different conclusions as to the duty of the owner to exercise care to avoid injury to third persons.” Id., 123 Ohio St. at 308 , 175 N.E. at 208 . {¶ 37} If an independent contractor’s work is “generically hazardous,” such that the activity poses an inherent danger to others regardless of the skill with which the co 2002(Colo.1992), 841 P.2d 282, 290, fn. 9 ; Saiz v. Belen School Dist. (1992), 113 N.M. 387, 394 , 827 P.2d 102, 109, fn. 6 . 12 January Term, 2002 circumstances may be so complicated that minds might easily differ as to the danger attendant upon the execution of the work, resulting in different conclusions as to the duty of the owner to exercise care to avoid injury to third persons.” Id., 123 Ohio St. at 308 , 175 N.E. at 208 . {¶ 37} If an independent contractor’s work is “generically hazardous,” such that the activity poses an inherent danger to others regardless of the skill with which the co | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pusey v. Bator
green
2 sentences2014Specifically, the Court was explaining the inherently dangerous work exception which provides that “the employer hiring the independent contractor has a duty to see that the work is done with reasonable care and cannot, by hiring an independentcontractor [sic], insulate himself or herself from liability for injuries resulting to others from the negligence of the independent contractor * * *.” Id. at 279-280 . 2014Id. at 280 . | 2 | 2011–2014 |
Newcomb v. Dredge
green
2 sentences2002The court stated that that exception “ ‘is limited to dangerous work, and cannot be extended to proper work dangerously done.’ ” Id., quoting Newcomb v. Dredge (1957), 105 Ohio App. 417, 422 , 6 O.O.2d 178, 181 , 152 N.E.2d 801, 806 . 2002The court stated that that exception “ ‘is limited to dangerous work, and cannot be extended to proper work dangerously done.’ ” Id., quoting Newcomb v. Dredge (1957), 105 Ohio App. 417, 422 , 6 O.O.2d 178, 181 , 152 N.E.2d 801, 806 . | 2 | 2002–2002 |
Salvati v. Anthony-Lee Screen Printing, Inc.
green
2 sentences2021Salvati, 2018-Ohio-2935 , 117 N.E.3d 950, at ¶ 4 . 2021Salvati, 2018-Ohio-2935 , 117 N.E.3d 950, at ¶ 4 . | 1 | 2021–2021 |
Pusey v. Bator
green
1 sentence2005It held that "[w]hen an employer hires an independent contractor to provide armed security guards to protect property, the inherently-dangerous-work exception is triggered such that if someone is injured by the weapon as a result of a guard's negligence, the employer is vicariously liable even though the guard responsible is an employee of the independent contractor." Id. at syllabus. | 1 | 2005–2005 |
Warden v. Pennsylvania Rd.
neutral
2 sentences2002(Colo.1992), 841 P.2d 282, 290, fn. 9 ; Saiz v. Belen School Dist. (1992), 113 N.M. 387, 394 , 827 P.2d 102, 109, fn. 6 . 12 January Term, 2002 circumstances may be so complicated that minds might easily differ as to the danger attendant upon the execution of the work, resulting in different conclusions as to the duty of the owner to exercise care to avoid injury to third persons.” Id., 123 Ohio St. at 308 , 175 N.E. at 208 . {¶ 37} If an independent contractor’s work is “generically hazardous,” such that the activity poses an inherent danger to others regardless of the skill with which the co 2002(Colo.1992), 841 P.2d 282, 290, fn. 9 ; Saiz v. Belen School Dist. (1992), 113 N.M. 387, 394 , 827 P.2d 102, 109, fn. 6 . 12 January Term, 2002 circumstances may be so complicated that minds might easily differ as to the danger attendant upon the execution of the work, resulting in different conclusions as to the duty of the owner to exercise care to avoid injury to third persons.” Id., 123 Ohio St. at 308 , 175 N.E. at 208 . {¶ 37} If an independent contractor’s work is “generically hazardous,” such that the activity poses an inherent danger to others regardless of the skill with which the co | 1 | 2002–2002 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.