Generally, the employee of an independent contractor hired by a property owner to work on the premises is an invitee. Taylor v. B.P. Exploration Oil, Inc. (1994), 96 Ohio App.3d 318, 322. Owners and occupiers of property owe a duty of ordinary care to invitees to maintain their premises in a reasonably safe condition so that invitees are not unreasonably exposed to danger.
Active participation requires some direct involvement in a contractor's work, such as instructing how to perform a task as opposed to simply when and where to perform it. Taylor v. B.P. Exploration Oil, Inc. (1994), 96 Ohio App.3d 318, 323, 644 N.E.2d 1124. The Shahs merely instructed Solanki as to what they wanted in their house and where they wanted speakers to be located.
The general rule in Ohio is that if an independent contractor, hired by the owner of premises, is injured on the job, the independent contractor is treated as a business invitee. Taylor v. B.P. Exploration Oil, Inc. (1994), 96 Ohio App.3d 318, 322; Strother v. Novak Sons, Inc. (July 27, 2000), Cuyahoga App. Nos. 76306, 76385, unreported, 2000 WL 1036236, at 2. In the instant case, however, appellant was not injured while acting in her capacity as a yoga instructor.