Summary Judgment Secured in Premises Liability Defense Involving Independent Contractor

Partner Barbi Feldman recently secured a complete defense victory after obtaining final summary judgment on behalf of a commercial property owner and its on-site manager in a negligence lawsuit arising from an alleged workplace accident.

The plaintiff, an employee of an independent contractor hired to perform maintenance work, claimed he was injured after falling from a roof while conducting repairs. However, the court found there was no evidence that the property owner directed or controlled the work, actively participated in the maintenance activities, or had actual or constructive knowledge of any concealed dangerous condition.

Applying Florida’s current summary judgment standard, the court also noted that the plaintiff could not identify the cause of the fall and that testimony established no dangerous condition had been observed.

Relying on well-established Florida law governing independent contractors, the court held that property owners generally owe no duty for injuries sustained by a contractor’s employees while performing their assigned work unless limited exceptions apply—which were not present in this case.

Additionally, the court determined that the defendants were independently entitled to summary judgment under Florida’s workers’ compensation immunity principles.

This result highlights the importance of early case evaluation, strategic motion practice, and a thorough understanding of Florida premises liability and independent contractor law in securing favorable outcomes for clients.