News & Insights

Retained Control Over Independent Contractors Still Raising Important Questions


August 28, 2023


The Texas Supreme Court has issued opinions since the mid-1980s regarding the duty a premises owner or general contractor owes with respect to work performed by an independent contractor. As a general rule, one who retains an independent contractor has no duty to ensure that the contractor performs its work safely. But an exception exists “when the employer retains some control over the manner in which the contractor performs the work that causes the damage.” Plaintiffs can prove that the employer retained control by showing actual control over the manner in which the independent contractor performed work or a contractual right to do so. But the control has to relate to the condition or activity that caused the injury.

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Parth S. Gejji 713.951.6288
Appellate Commercial Litigation