06/05/2026
Legal Insight of the Week
Independent Contractors, Limited Liability
In Jeffrey James v. Abraham Hernandez, Jr., Premier Construction-Residential, LLC, and Premier Waterproofing & Painting, the court held that a construction company was not vicariously liable for injuries caused by a painting subcontractor involved in a motor vehicle collision while traveling between job sites.
Affirming summary judgment, the court found the driver was an independent contractor, not an agent of the construction company. While the company controlled the project’s results and schedule, it did not control the manner in which the work was performed.
The court also noted that the subcontractor operated his own business, supplied his own employees, vehicle, tools, insurance, and payment structure. These factors strongly supported independent contractor status and defeated the plaintiff’s vicarious liability claim.
Takeaway: In Florida, a company is generally not liable for the actions of an independent contractor when it controls only the end result of the work, not the means and methods used to perform it.
We will continue sharing weekly case insights from attorney Lindahl at Lytal, Reiter, Smith, Ivey & Fronrath to help keep both the public and legal community informed.
