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What We Have Here Is A Failure To Communicate

By John Mesirow

From the case of Salinero v. Pon, 124 Cal.App.3d 120, 177 Cal. Rptr. 204 (1981):

The owner of a six-story apartment building hired an independent contractor, the plaintiff's employer, to wash the windows of the building. No safety devices - from which window washers could be suspended - had been installed on the building. So the owner and the contractor agreed that the windows would be washed by means of a ladder extended over the edge of the roof from which the workers would be suspended in a boatswain's chair secured to the roof by a weighted sand bag. Brilliant! While the plaintiff was suspended in the chair some 35-40 feet above the ground, a fellow worker mistakenly removed the sand bag anchoring the plaintiff's chair, causing him to fall and suffer injury.

Doh! You can read the entire opinion by clicking here.
[13 pages!] Spoiler alert - Salinero, the falling guy ... [see below]

lost!

Full post as published by Legal Juice on August 10, 2009 (boomark / email).