Negligence : Duty – Independent Contractor – OSHA Safety Violations

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(1)Where a sign electrician brought a negligence action against a shopping center owner after he was injured while installing a sign at a storefront, the district court did not err in denying the plaintiff’s fifth motion to amend his complaint and summary judgment for the defendant is affirmed because the plaintiff fell through a canopy that was an open and obvious hazard, and the exception to the open and obvious rule did not apply because the plaintiff did not show that the landowner should have anticipated that he would try to install the sign in a way that would cause injury, and the landowner did not have a duty to warn the plaintiff who as an independent contractor could assess risks inherent to the trade.

(2)Where a sign electrician who was injured on the job argued that the Occupational Safety and Health Act and other safety regulations established a standard of care breached by the landowner, the district court properly concluded that any such safety violations could be presented to the jury as evidence of negligence, but they were not relevant at the summary judgment stage.
Judgment is affirmed.

Pinson v. 45 Development, LLC (MLW No. 66635/Case No. 13-3327 – 9 pages) (U.S. Court of Appeals, 8^th Circuit, Murphy, J.) Appealed from U.S. District Court, Western District of Arkansas, Holmes III, J. (Raymond Lee Niblock, Fayetteville, Arkansas, argued for appellant) (Joel I Farthing, Fayetteville, Arkansas, argued for appellee).

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