The appellant hired the appellee company to build a swimming pool in her backyard. The construction was to be completed around the end of the month. The appellee installed a skimmer in the deck surrounding the pool to filter the water and skim leaves from the surface. During construction, the skimmer was left uncovered and was to be covered by a lid only when construction was complete. Four days before the completion of construction, the appellant went into the backyard with her family and was injured when she stepped into the uncovered skimmer. Subsequently, the appellant filed suit against the appellee alleging negligence related to a premises condition. The trial court granted the appellee's motion and entered a take nothing judgment in favor of the appellee. The appellate court determined that the appellant, as the owner of the premises, was not an invitee, licensee, or trespasser. She was in control of the premises at the time of the injury. Yet she sought to impose a duty on the independent contractor hired to construct her pool and deck to warn her about an alleged premises defect created during the ongoing construction. The appellant had not directed the court of appeals to any authority in where such a duty had been imposed on an independent contractor. Thus, the appellee did not owe a duty to warn the appellant about the uncovered skimmer or to cover it prior to completion of construction, the court of appeals concluded. Accordingly, the judgment of the trial court was affirmed.

Observation:  I guess contractor could have negligently left pool exposed and drowned a child of the owner and been off the hook.