Sievers v. McClure’s Empirical Analysis

Citation profile

8 federal appellate · 2 district · 15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “One who employs an independent contractor to do work which the employer should recognize as likely to create, during its progress, a peculiar unreasonable risk of physical harm to others unless special precautions are taken, is subject to liability for physical harm caused to them by the absence of such precautions if the employer (a) fails to provide in the contract that the contractor shall take such precautions, or (b) fails to exercise reasonable care to provide in some other manner for the taking of such precautions.”

   2 later decisions quote this exact passage
   e.g. Chaffin v. United States · Ray v. Argos Corp.

2. “An employer is subject to liability for physical harm to third persons caused by his failure to exercise reasonable care to employ a competent and careful contractor (a) to do work which will involve a risk of physical harm unless it is skillfully and carefully done, or (b) to perform any duty which the employer owes to third persons.”

   2 later decisions quote this exact passage
   e.g. 870 F. Supp. 2d 1202 - Coffey v. United States · 25 Cal. 4th 1235 - Camargo v. Tjaarda Dairy

3. “The risk of harm which [the decedent] encountered was the risk that all roofers routinely face — the danger of falling off a sloped roof during its construction or repair. The presence of ice on the roof does not make the risk a peculiar one, as there is nothing abnormal about ice in Alaska in November. Indeed, the risk of falling from a roofing surface made slippery by ice, rain, oil, or loose materials is a risk with which the roofer must be prepared to deal every day. Because no reasonable mind could find that the risk of falling from a sloped roof was abnormal to a contract to install a roof, [the contractor] could not be held responsible for the fall which led to [the decedent’s] death. The trial court properly dismissed all claims against [the contractor] based on a peculiar risk theory.”

   1 later decision quote this exact passage
   e.g. Ray v. Argos Corp.