Background - TCI owned a three-story building and contracted CBS to clean the windows; CBS's employee Salvador Franco (decedent) died after his descent apparatus detached while rappelling from the roof. - CBS chose the work method (rappel) after on-site inspection; CBS owned, inspected, and maintained the equipment; TCI personnel did not accompany CBS on the roof inspection. - Plaintiffs sued TCI for negligence and negligence per se, alleging TCI failed to install required structural roof anchors under various safety laws and regulations. - TCI moved for summary judgment, invoking Privette and progeny, arguing it hired an independent contractor and did not retain control or affirmatively contribute to the injury. - Plaintiffs argued (1) roof anchors are "equipment" per McKown and TCI negligently provided/failed to provide them, and (2) TCI retained control or breached a nondelegable statutory duty. - The trial court granted summary judgment for TCI; the Court of Appeal affirmed, holding Privette/SeaBright bar liability absent affirmative conduct by the hirer. ### Issues | Issue | Plaintiff's Argument | Defendant's Argument | Held | |---|---:|---:|---:| | Whether TCI is liable for breach of statutory/nondelegable duty to provide roof anchors | TCI had statutory duties (Cal‑OSHA and others) to provide anchors; those duties are nondelegable so Privette/SeaBright do not bar recovery | By hiring CBS, TCI implicitly delegated any tort duty to provide a safe workplace (including statutory/regulatory duties); SeaBright controls and bars liability | Held for TCI: SeaBright applies; hiring CBS delegated the tort duty and Privette/SeaBright bar liability for statutory nondelegable‑duty claim | | Whether TCI negligently exercised retained control or affirmatively contributed to the injury | TCI’s failure to provide anchors (i.e., providing defective/absent equipment) constituted affirmative contribution under McKown | TCI did not direct the work, furnish or require use of the anchors, or otherwise interfere with means/methods; CBS retained exclusive control over how to perform the work | Held for TCI: passive omission (lack of anchors) is not an "affirmative contribution"; no evidence TCI directed or controlled work methods | | Whether roof anchors qualify as "tools or equipment" such that McKown liability applies | Plaintiffs' experts said anchors are equipment/safety devices and thus within McKown scope | Even if anchors are "equipment," McKown requires affirmative exercise of retained control or furnishing equipment that the hirer required/controlled | Held for TCI: issue of classification unnecessary because undisputed facts show no retained control or affirmative contribution | | Whether there were triable issues of material fact for trial | Plaintiffs claimed expert declarations raised triable factual disputes about statutory duty, anchors as equipment, and retained control | TCI demonstrated undisputed facts that CBS chose methods, owned equipment, and TCI did not direct or accompany the roof work | Held for TCI: no triable factual issue; summary judgment proper | ### Key Cases Cited Privette v. Superior Court, 5 Cal.4th 689 (1993) (hirer of independent contractor not liable to contractor's employees under peculiar‑risk doctrine; workers' comp substitutes) SeaBright Ins. Co. v. US Airways, Inc., 52 Cal.4th 590 (2011) (hiring an independent contractor implicitly delegates the hirer’s tort duty to ensure safety for contractor employees, including compliance with statutory/regulatory safety requirements) McKown v. Wal‑Mart Stores, Inc., 27 Cal.4th 219 (2002) (hirer can be liable where it furnishes defective equipment or by exercise of retained control affirmatively contributes to contractor employee’s injury) Hooker v. Department of Transportation, 27 Cal.4th 198 (2002) (retained control is actionable only if hirer’s exercise of control affirmatively contributed to injury) * Tverberg v. Fillner Construction, Inc., 49 Cal.4th 518 (2010) (reinforces that passive allowance of unsafe condition without affirmative interference does not impose hirer liability)