Spivey v. Babcock & Wilcox Company

Plaintiff, an employee of an independent contractor who had undertaken to install plumbing fixtures on defendant’s premises, was an invitee of defendant. Pafford v. Construction Co., 217 N.C. 730, 9 S.E. 2d 408; 2 Harper & James, Torts § 27.12 at p. 1481 (1956 Ed.). Defendant’s duty to plaintiff, therefore, was one of due care under all the circumstances. The general rule is stated in Deaton v. Elon College, 226 N.C. 433, 438, 38 S.E. 2d 561, 565:

“The owner is not responsible to an independent contractor for injuries from defects or dangers of which the contractor knew or should have known,…