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Fitzpatrick v. U S West, Inc.
Updated 1/5/2024 PG
Principals are typically liable for the actions of their agents, but they are typically not liable for the torts of their independent contractors. How do you know whether someone is an agent versus an independent contractor?
In this case, Carla Fitzpatrick was splicing cables deep in an electrical vault at the US West building in downtown Omaha when she saw a "big ball of fire" and suffered serious burns.
She sued her employer (Omaha Public Power District, or OPPD), US West and several others. To determine whether US West was liable, the court had to determine whether OPPD was an agent of US West, or whether it was an independent contractor.
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