Legal Opinion

Afoa v. Port of Seattle

Court of Appeals of Washington

Decided February 22, 2011No. 64545-5-1Published

1Opinion of the Court

¶1

In general, one who employs an independent contractor is not liable for injuries sustained by an independent contractor’s employees. But a well established exception to the general rule is where an em*237ployer of an independent contractor retains control over some part of the work, in which case the employer has a duty within the scope of that control to provide a safe place to work. At issue in this case is whether these same rules apply where the contract between the Port of Seattle (Port) and appellant Brandon Afoa’s employer is a “license agreement.” We hold that they do and that questions…

2Cases cited27 opinions

  1. Wilson v. SteinbachWashington Supreme Court · 1982
  2. Taylor v. Stevens CountyWashington Supreme Court · 1988
  3. Kelley v. Howard S. Wright Construction Co.Washington Supreme Court · 1978
  4. J & B Development Co. v. King CountyWashington Supreme Court · 1983
  5. Degel v. Majestic Mobile Manor, Inc.Washington Supreme Court · 1996

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