Andrews v. Wagner (Dec. 3, 2025, No. 2D CIV. B332276) 2025 WL 3469566
Plaintiff, a field inspector employed by an independent home-inspection company, slipped and fell on backyard steps while inspecting defendant’s property on behalf of defendant’s insurance carrier. Plaintiff and his wife sued the homeowner for negligence, premises liability, and loss of consortium. The trial court granted summary judgment for the homeowner under the Privette doctrine, which generally bars independent contractor employees from recovering tort damages for work-related injuries from the contractor’s hirer.
Plaintiff appealed, contending that defendant homeowner did not prove she was a “hirer” and that there were triable issues as to whether a concealed-hazard exemption applies. The Court of Appeal affirmed judgment for defendant.
Even though the homeowner did not directly employ the inspection company—her insurer did—the court held that “for the purposes of analyzing Privette, there is no legal distinction between” defendant and her insurer. Both are “hirers” and Privette bars recovery. The court also rejected plaintiff’s claim that the concealed work hazard exemption applied, finding no evidence that the condition of defendant’s backyard steps was concealed or that the defendant knew or should have known that the steps were dangerous on the day her home was inspected.
