California Supreme Court Resolves Who Is Responsible if an Employee of an Independent Contractor Is Injured on the Job

In Seabright Insurance Company v. US Airways, No. S182508 (Aug. 22, 2011), the California Supreme Court held that, when an employee of an independent contractor is injured due to the failure of the independent contractor to comply with workplace safety requirements, liability for the injury is with the employee's employer, not the entity engaging the services of the contractor.

In this case, US Airways used a conveyor to move luggage at San Francisco International Airport. The airline had responsibility for maintaining the conveyor and ensuring its safety. To fulfill this responsibility, the airline engaged the services of an independent contractor, Lloyd W. Aubry Co. Significantly, the airline neither directed nor had any of its employees participate in Aubry's work.

Anthony Verdon Lujan, an employee of Aubry, was...