Washington Appellate Court Limits Liability for Personal Injury Claims Brought by Contractor’s Employee Against Landowners


The Washington State Court of Appeals affirmed a summary judgment dismissal of a lawsuit filed by a landowner’s contractor’s employee for personal injuries that the plaintiff allegedly sustained while working on a construction site owned by the landowner. Citing Restatement (Second) of Torts §414 comment c, the court in Hymas v. UAP Distribution, Inc., 272 P.3d 889, Div. 3, March 08, 2012, held that a landowner could be liable for the injuries of contractors’ employees performing work on the landowner’s premise, but only if the landowner retained “at least some degree of control over the manner in which the work was done.” The court restated the general rule that whether the right to control has been retained depends on the parties’ contract, the parties’ conduct, “and other relevant factors.” The court held that this same standard of “retained control” applies to claims for violations of state worker safety laws and regulations. In this case, the court found that the landowner had not retained control over the worksite, and thus, could not be liable for injuries sustained by its contractor’s employees caused by violations in state worker safety laws.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sedgwick LLP | Attorney Advertising

Written by:


Sedgwick LLP on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.