Martin

The trial court granted respondent’s motion for summary judgment upon a finding that respondent owed no duty of care to prevent an attack of appellant by a pit bull present on respondent’s property with his express consent. We conclude that respondent owed a duty of care to appellant and reverse the judgment.

STATEMENT OF FACTS

Respondent was the owner of a residence located on McLaughlin Street in Richmond. In 2005, he embarked upon a remodeling project at the residence that included construction of a new foundation. Respondent hired Burle Southard to act as general contractor for the project. Southard, in turn, hired appellant as an employee to work on the construction project under his supervision for a period of three to four months. With respondent’s approval, appellant and Southard stored equipment and materials in the backyard and garage of the residence. Appellant was given permission by respondent to enter the yard “at any time” to retrieve equipment or materials he stored there.

Respondent also hired two men, Armand and Greg Sanchez, to perform “weeding and gardening” work on the premises. The Sanchezes had two dogs, a pit bull terrier and a smaller pit…