Farias

Farias v. United States

Good Law
41 F. App'x 122
United States Court of Appeals for the Ninth CircuitJuly 10, 2002No. 01-35671; D.C. No. CV-00-05593-FDBCalifornia1,012 words

Opinion

Lead Opinion

*123 MEMORANDUM *

Farias appeals the district court’s summary judgment in favor of the United States in his action for damages under the Federal Tort Claims Act (FTCA). While employed by a civilian contractor to provide custodial services to the Madigan Army Medical Center, Farias was injured by a falling mass of snow that had collected on the roof of a covered walkway. Farias argues that as a business invitee, Madigan owed him a duty of care to remove or warn him about the hazard. Madigan argues that it owed a more limited duty because Farias was the employee of an independent contractor. We review a grant of summary judgment de novo, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000), and we reverse.

In Washington, the common law duty to provide a safe workplace “derives from the fact that an employee of an independent contractor enjoys the status of an invitee of the owner of the premises on which he is working.” Bozung v. Condominium Builders, Inc., 42 Wash.App. 442 , 711 P.2d 1090, 1093 (Wash.Ct.App.1985). Although the owner of premises “owes no duty to protect the servant of an independent contractor from the negligence of his own master... [t]he general rule is that the…

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