536 P.3d 578
Okla.2023Background
- Steven Bird, an independent contractor employed by Truno, was sent to Pruett's store to install a new checkout lane and needed to run cable through the ceiling.
- Truno did not supply a ladder; Pruett's lent Bird its only ladder, which lacked rubber feet and shifted during use.
- Bird warned a Pruett's employee about the missing feet and continued working; on a subsequent climb the ladder slid and Bird fractured his heel.
- Bird sued Pruett's for negligence; the trial court denied summary judgment, tried the case, then sustained Pruett's demurrer to Bird's evidence. Bird appealed.
- The Supreme Court of Oklahoma retained the appeal and addressed whether Pruett's owed Bird a duty of care under these facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pruett's owed Bird a duty to provide a safe place/equipment as an independent contractor's invitee | Bird: Owner owes a duty to independent contractors to keep premises and equipment reasonably safe and to warn of dangers | Pruett's: Duty is qualified; no obligation where owner doesn't direct/interfere and hazard is incidental to the work | Court: No duty—exception applies because Pruett's did not direct/interfere and falling from a ladder was incidental to the job |
| Whether premises-liability cases like Davis and Healing Waters require protection/warning here | Bird: Those cases impose an owner duty to warn of hidden/evolving hazards to contractors | Pruett's: Those cases don't control; this is a chattel/use hazard, not a premises condition or evolving workplace hazard | Court: Those cases not controlling; Hatley/Marshall line governs where owner does not direct work and hazard is incidental |
| Whether supplying a defective ladder creates supplier liability despite contractor's knowledge | Bird: Ladder was defective; Pruett's negligent in providing it | Pruett's: Under chattel-supplier rule, supplier liable only if user is unaware of danger; Bird knew and warned employees | Court: No liability—Bird knew of missing feet, so the element that the user would not realize the danger is not met |
| Whether Bird's evidence was sufficient to survive a demurrer | Bird: Evidence of ladder instability and prior shifts made a prima facie case | Pruett's: Even accepting evidence, absence of legal duty defeats negligence claim | Court: Demurrer properly sustained—record lacks proof of a duty, so negligence fails as a matter of law |
Key Cases Cited
- Davis v. Whitsett, 435 P.2d 592 (Okla. 1967) (owner owes invitee/independent contractor duty to keep premises reasonably safe and warn of hidden dangers)
- Healing Waters, Inc. v. McCracken, 350 P.2d 295 (Okla. 1960) (employer/owner has ongoing duty when workplace hazards evolve)
- Hatley v. Mobil Pipe Line Co., 512 P.2d 182 (Okla. 1973) (owner who does not direct/interfere has no obligation to protect contractor from hazards incidental to the work)
- Marshall v. Hale-Halsell Co., 932 P.2d 1117 (Okla. 1997) (applies Hatley: no duty for hazards incidental to contracted work when owner doesn't direct work)
- Grover v. Superior Welding, Inc., 893 P.2d 500 (Okla. 1995) (chattel-supplier liability requires supplier know chattel is dangerous, user be unaware, and supplier fail to warn)