Sign In
Free Newsletter
CORY ALLEN JONES v. WASHINGTON SUBURBAN SANITARY COMMISSION
Torts — Liability — Employer of independent contractor
In Maryland, the general rule is that the employer of an independent contractor is not liable for physical injuries caused to another by the acts or omissions of an independent contractor. Rowley v. Mayor and City Council of Baltimore, 305 Md. 456, 461 (1986); Marrick Homes v. Rutkowski, 232 Md. App. 689, 698 (2017). There are some twenty exceptions to that rule. See Marrick, 232 Md. App. at 698, citing Gardenvillage Realty Corp. v. Russo, 34 Md. App. 25, 36 (1976).
Those exceptions are set forth in Restatement (Second) of Torts §§ 410-429. One of those exceptions is that an employer is liable for the acts of an independent contractor when the employer has a non-delegable duty that arises out of some relation of the defendant toward the public or the particular plaintiff. Another exception is when an employer contracts with an independent contractor to perform a job that is inherently dangerous. The three questions presented in this appeal concern the applications, vel non, of one or more of the aforementioned exceptions.
