Elliott-Williams Co., Inc. v. Diaz

The issue in this case is whether a general contractor retains control over a subcontractor’s work, thereby incurring liability for the subcontractor’s negligence that injures a third party, when the general contractor does nothing more than enter into a contract with the premises owner obligating it to be responsible for its employees’ and contracted employees’ actions. We conclude that the general contractor did not thereby retain control over its independent contractor’s work, and that the general contractor does not owe the injured third party a duty under these circumstances.…