BEIL v. SAN ANTONIO AMUSEMENT

1 Citing case

  1. Lunde v. Winnebago Industries, Inc.

    299 N.W.2d 473 (Iowa 1981)   Cited 31 times
    Concluding OSHA cannot expand rights or liabilities

    However, the risk which was in fact realized was not one inherent in the nature of the specific demolition operation involved here. Rather, the injuries which befell plaintiffs Elder and Rogers were essentially the result of Elder's own negligence in "sawing off the limb" upon which they both were standing.Id. at 660, 136 Cal.Rptr. at 207; accord, Anderson v. Chancellor Western Oil Development Corp., 53 Cal.App.3d 235, 241-43, 125 Cal.Rptr. 640, 643-45 (1976) (fall of scaffold; risk held to arise from negligence in failing to secure, not from nature of work itself); Beil v. San Antonio Amusement Co., 69 S.W.2d 833, 833-34 (Tex.Civ.App. 1934) (employer of independent contractor not liable where contractor's workman, installing a sign over a sidewalk, dropped a chisel on the plaintiff: "the accident by which [plaintiff] was injured did not incur from the erection or repair of the sign, but from an act of negligence of one of the employees of the independent contractor employed to work on the sign"); see Majestic Realty Associates v. Toti Contracting Co., Inc., 30 N.J. 425, 435-36, 153 A.2d 321, 326 (1959). Applying these principles to Lunde's claim against Winnebago, we must determine whether the risks incurred inhered in the nature of the work itself, or from collateral acts of negligence by Henningsen and its employees in carrying it out. What types of work by their very nature, involve a peculiar risk of harm so as to invoke the remedies of section 416 of the Restatement?