Sopkovich v. Ohio Edison Co.

The question that has been certified for our consideration is: “For purposes of determining when a property owner owes a duty of care to an employee of an independent contractor, does the property owner ‘actively participate’ in the performance of the employee’s work by exercising exclusive control over an aspect of the employee’s working environment?” . For the reasons that follow, we answer the certified question with a qualified “yes.”

The court of appeals held that for purposes of determining whether a property owner owes a duty of care to the employees of an independent contractor,…