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Lemen v. Florida Power & Light Co.

Citations: 452 So. 2d 1107; 1984 Fla. App. LEXIS 14405Docket: 83-1463

Court: District Court of Appeal of Florida; July 12, 1984; Florida; State Appellate Court

Narrative Opinion Summary

The case involved an employee of an independent contractor who was injured while working on a Florida Power and Light (FPL) substation. The employee sued FPL, alleging that the company failed to adequately warn him of the dangers associated with live wires. The trial court awarded summary judgment to FPL, finding that the company had fulfilled its obligation by informing the contractor's supervisor about the energized environment. Under Florida law, property owners are generally not liable for injuries to employees of independent contractors unless they possess actual or constructive knowledge of dangerous conditions. The court noted that the contractor's awareness of the hazards absolved FPL of liability. The plaintiff contended that the inherently dangerous nature of the work should impose liability on FPL; however, the court required evidence of negligence on the part of the owner, which was not present. The appellate court affirmed the trial court's decision, concluding that FPL had no liability as it had appropriately communicated the risks to the contractor's supervisory personnel.

Legal Issues Addressed

Duty to Warn by Property Owners

Application: The court found that FPL fulfilled its duty by informing the contractor's supervisor of the energized area, thus negating liability for the employee's injury.

Reasoning: The trial court granted summary judgment in favor of FPL, determining the company had fulfilled its duty to inform the contractor's supervisor of the risks.

Inherently Dangerous Work and Owner's Liability

Application: The plaintiff's argument that FPL should be liable due to the inherently dangerous nature of the work was dismissed because there was no evidence of negligence on the part of FPL.

Reasoning: Lemen argued that since the work was inherently dangerous, FPL should be liable; however, this principle requires a showing of the owner's negligence, which was not demonstrated in this case.

Liability of Property Owners for Injuries to Independent Contractors

Application: The court held that Florida Power and Light (FPL) was not liable for the injuries sustained by an employee of an independent contractor, as the company had informed the contractor's supervisor of the risks.

Reasoning: In Florida, property owners typically aren't liable for injuries to independent contractors' employees unless they have actual or constructive knowledge of dangerous conditions.