We have received a favorable judgment from the Supreme Court of California which came out with its opinion on January 24, 2011 in the case of Cortez vs. Abich. The Supreme Court held that a homeowner who elects to be the owner-builder of an extensive remodeling project which includes tearing down and rebuilding a roof, adding over 750 square feet to the home, constructing a new master bedroom and bath, and convertinga carport to a garage, must comply with OSHA regulations for the protection of their employees. The facts are as follows — Mr. Abich and his mother sought to remodel their home. Mr. Abich elected to do the project himself and hired others to work on the project. Mr. Cortez, my client and one of the employees sustained severe injuries when he went up on the roof to help tear it down and it collapsed. Mr. Cortez fell to the ground sustaining severe back injuries requiring surgery. Mr. Abich argued that he did not have to comply with OSHA regulations as his project fell within the “household domestic service” exemption pursuant to Labor Code section 6303 on the theory thathe was doing the work for his own personal benefit and not for a commercial purpose. The Court disagreed and held that “household domestic service is commonly associated with services relating to the maintenance of a household or its premises and does not connote work contracted for in connection with an extensive home remodeling project for which a building permit must be issued, significant portions of the house are demolished and rebuilt, and entirely new rooms are framed and constructed.” As such, the Court held that Mr. Abich must comply with OSHA regulations for the safety of his employees.
This is a significant victory for those who are injured while performing extensive construction for a homeowner.
I represent people throughout the entire State of California and focus my practice on personal injury matters. If you, a friend, or family member has been severely injured in an accident, feel free to contact me. My information and website can be found by clicking here.