dissenting.
I respectfully dissent from Divisions 1 and 3.
With respect to Division 1, I disagree with the majority’s conclusion that an apprentice has the same status as an employee. Generally, treating an apprentice as an employee will lead to illogical and unintended results.
Apart from the general rule that an apprentice is not an employee, in this case the facts established that Al-Ansari was an independent contractor. First, she had a written contract which designated her as an independent contractor. That document, which AlAnsari signed on August 25, 1990, stated: “I, . . . understand that I am being paid as an independent contractor. Therefore, I also understand that I am responsible for my own self-employment taxes and federal and state income taxes.”
Additionally, Al-Ansari provided her own materials for working, including the chair which underlies the incident in this case. Who’s Three did not control the time Al-Ansari arrived or the time that she left. Additionally, Who’s Three did not pay social security or medicare amounts for her. She was an independent contractor. See generally Bartlett v. Northside Realty Assoc., 191 Ga. App. 10 (380 SE2d 744) (1989). Accordingly there was no error in the grant of summary judgment on this basis.
With respect to Division 3, I would again affirm the trial court’s grant of summary judgment. The evidence regarding the chair was that the back was held in a prone position by a saw-toothed edge. Who’s Three contends that the only possible negligence would be AlAnsari’s for not adequately securing the catch. If this was the case, this appears to be a case of Al-Ansari’s active negligence and not one of premises liability. See generally Lipham v. Federated Dept. Stores, 263 Ga. 865 (440 SE2d 193) (1994).
Nonetheless, assuming arguendo that the claim stated here is one for premises liability, the grant of summary judgment was proper. “The true ground of liability is the proprietor’s superior knowledge of the perilous instrumentality and the danger therefrom to persons going upon the property. If the invitee knows of the condition or hazard, there is no duty on the part of the proprietor to warn the invitee and there is no liability for resulting injury because the invitee has as much knowledge as the proprietor does.” (Citations, punctuation, and emphasis omitted.) Huntley Jiffy Stores v. Grigsby, 208 Ga. App. 634, 635 (431 SE2d 435) (1993). If the danger here was a patent one and the hazard was apparent, then Brown had a duty to avoid such hazard and exercise ordinary care for her own safety. Winchester v. Sun *139Valley-Atlanta Assoc., 206 Ga. App. 140, 142 (424 SE2d 85) (1992).
Decided March 17, 1995 Reconsideration denied March 30, 1995 Kidd & Vaughan, David N. Schaeffer, Jeffrey B. Kent, for appellant. Tittsworth, Grabbe & Spillers, John C. Grabbe IV, Shivers, Johnson & Wilson, Wayne C. Wilson, for appellee.If, on the other hand, the danger here was a latent one, then in order for Brown to recover there must be evidence that Who’s Three knew or, in the exercise of ordinary care, should have known, of the problem. “In other words, [Who’s Three’s] liability may be predicated on constructive as well as actual knowledge.” Lonard v. Cooper &c. Properties, 214 Ga. App. 862 (449 SE2d 348) (1994). The evidence showed that Merrihew, one of the salon owners, inspected the chair when Al-Ansari brought it in and that he sat on the chair while a facial was performed. Merrihew stated that the chair appeared sound and sturdy. Another owner of the salon stated that she sat on the chair and that it appeared safe. There is no evidence that there had been any prior problems with the table.
“[W]here, as here, there was no actual knowledge of the alleged dangerous and unsafe condition, and there is nothing in the record to show or indicate the propriety or necessity of making an inspection to ascertain the possible or probable existence of any defect, such as that other people had . . . fallen [off the same table], ordinary diligence did not as a matter of law, under the facts as shown, require an inspection sufficient to reveal the defect where the defendant had no reason to think such an inspection was necessary.” (Punctuation omitted.) Lonard, supra at 865. Who’s Three had no superior knowledge of the alleged defect and, accordingly, the trial court’s grant of summary judgment was proper.
I am authorized to state that Presiding Judge Birdsong, Presiding Judge Pope, and Judge Ruffin join in this dissent.