Fisher v. Lee & Chang P'ship

In Fisher v. Lee & Chang P'ship, 16 S.W.3d 198 (Tex. App.--Houston 1st Dist. 2000, pet. denied), the employee of an independent contractor hired to make repairs at a retail store fell from a ladder and subsequently brought suit against the property owner and the property managers. 16 S.W.3d at 200. The First Court of Appeals held that chapter 95 applied to the claim against the property managers. Id. at 203. The court explained that the plaintiff alleged that the property managers were "agents, representatives, or employees" of the owner. Id. The court concluded that "sec. 95.003 applies to property owners and also to their agents who oversee their properties." Id. In sum, the employee of a contractor hired to repair a roof-mounted air conditioning unit fell from a ladder he was using to reach the roof. Fisher, 16 S.W.3d at 200. The court held chapter 95 applied to the employee's claims because chapter 95 does not require the defective condition causing the injury be the "object" of the contractor's work. Id. at 201. The court further explained that because the ladder "provided appellant a means to reach his work site," chapter 95 applied because the injury stemmed from a failure to provide a safe workplace. Id. at 202.