Recent Florida Ruling Addresses Property Owner Liability to Independent Contractors

Property owners are not automatically protected from liability when an independent contractor is injured on their premises.

In a June 24, 2026, decision, Florida’s Second District Court of Appeal upheld a judgment for a contractor who was injured while installing an automatic door at a Walmart store. He received an electrical shock after touching a defective junction box, fell from a ladder and suffered a head injury. The court found enough evidence for a jury to conclude that Walmart should have known about the concealed electrical hazard. Wal-Mart Stores East, LP v. Johnson, No. 2D2025-0567 (Fla. 2d DCA June 24, 2026).

The ruling explains that although property owners generally are not liable for independent contractors’ injuries, they may be liable when they create or approve a dangerous condition and have actual or constructive knowledge of it.

What happened at the Walmart store?

Joseph Johnson worked as a service technician for a door company that contracted with Walmart. In July 2020, he went to Walmart to replace a manual door with an automatic door. To do this, he had to connect the new door to the store’s power supply through an existing junction box. The box was in a locked area that could be accessed only by Walmart personnel using a key card. A store manager escorted Johnson into the area and provided access to the equipment.

Before connecting the door, Johnson attempted to locate the breaker controlling the junction box. However, the store’s locked breaker room contained approximately 200 breakers that were not labeled. Turning off multiple breakers could have disrupted store operations, so Johnson used a voltmeter to check the wires instead.

When Johnson touched the junction box’s metal cover, he received an electrical shock that caused him to fall from a ladder onto the concrete floor. Unfortunately, Johnson suffered a head injury.

Walmart raised the independent contractor defense

Johnson filed a negligence claim against Walmart. Walmart argued that it was not liable because Johnson was an independent contractor. The case proceeded to a jury trial. Walmart moved for a directed verdict, arguing that it could not be held liable because Johnson was working as an independent contractor when he was injured. The trial court denied the motion. After the jury returned its verdict, Walmart renewed the motion. The trial court denied that request as well, and a final judgment was entered for Johnson. Walmart appealed the judgment to the Second District Court of Appeal.

Florida’s general rule for independent contractors

Under Florida law, a property owner who hires an independent contractor generally is not liable for injuries suffered by the contractor or the contractor’s employees while performing the contracted work. This is because independent contractors generally control how they perform their work, and property owners are not usually responsible for hazards inherent in the work the contractor was hired to complete.

However, this rule is not absolute. There are two exceptions recognized by Florida courts.

• Exception one: control over the work. A property owner may be liable when it actively participates in the work or controls the manner in which the contractor performs the work. General oversight is usually not enough.
• Exception two: dangerous conditions known to the owner. The property owner negligently creates or approves a dangerous condition and has actual or constructive knowledge of that condition.

What is constructive knowledge?

In this case, the Second District Court of Appeal concluded that the second exception prevented Walmart from relying on the independent contractor defense.

Constructive knowledge can exist when a dangerous condition has been present long enough that a property owner exercising reasonable care should have discovered and corrected it. This is different from actual knowledge. Actual knowledge means the owner was directly aware of the hazard. Constructive knowledge means the owner should have known about it.

When determining whether a party had constructive knowledge, relevant evidence may include:

• How long the condition existed
• Who installed the equipment
• Who controlled the area
• Whether the area was routinely inspected
• Whether anyone else had access
• Whether the condition developed gradually or existed from installation

The evidence allowed the jury to infer that Walmart created or approved the electrical condition, the condition had existed long enough that Walmart should have discovered it, and reasonable inspection or maintenance could have revealed the hazard.

What does the Second District Court of Appeal’s ruling mean for injured contractors?

The decision does not mean that property owners are responsible for every injury suffered by an independent contractor.

It does confirm that simply labeling someone an independent contractor does not eliminate a property owner’s duty in every situation. An owner may still be held liable when evidence shows that it controlled the work or negligently created or approved a concealed dangerous condition that it knew or should have known about.

These cases often depend on evidence showing:

• Who controlled the area where the accident occurred
• Who installed, maintained or altered the hazardous equipment
• How long the dangerous condition existed
• Whether the property owner had performed reasonable inspections
• Whether the danger was concealed or readily apparent
• Whether the hazard was part of the work the contractor was hired to perform

Photographs, maintenance records, access logs, building plans, inspection reports and expert testimony may all be important when determining liability.

Potential legal claims and benefits

An injured worker may have more than one potential source of recovery. Depending on the circumstances, these may include:

• Workers’ compensation benefits through the injured worker’s employer, if applicable
• A negligence claim against the property owner
• A claim against another contractor
• A product liability claim involving defective equipment

Contact a Florida premises liability lawyer

Injuries involving electrical hazards can have serious consequences. Injured contractors may have legal rights beyond a workers’ compensation claim. If you’re an independent contractor and you’ve been injured while performing contracted work on someone else’s property, you may have legal options. Speak with a Florida premises liability or workplace injury attorney today.

Contact Hickey Law Firm to schedule a free consultation.