Torts Multistate Bar Examination (MBE) Practice Test

The critical factor is control over how the work is done. The independent contractor defense rests on the contractor operating with real independence in the means and methods of performing the task. If the owner retains control over those aspects, the relationship looks more like employment than independent contracting, so the defense collapses and the owner can be held responsible for negligent acts tied to the work.

Licensing and insurance don’t by themselves show independence or lack thereof; they relate to credentials and risk-transfer but not who controls the work. The owner not observing the work and the hazard being minor don’t address control of execution, so they don’t defeat the defense.