Chance v. DALLAS COUNTY, ALA.

I agree that the applicable rule concerning the duty an employer owes to an independent contractor was correctly stated in Veal v. Phillips, 285 Ala. 655, 235 So.2d 799 (1970); seealso Glenn v. United States Steel Corp., 423 So.2d 152 (Ala. 1982) (holding that the owner owes the same duty to the independent contractor's employees). I also agree that assumption of risk is generally not a defense to wanton conduct. However, there is another reason for concluding that the giving of the charge concerning assumption of risk was error in this case. This reason would make it unnecessary for us to…