Gregory J. Duff


The subject of this Comment is whether the actual control requirement in Hennig should also be employed to find liability in cases involving asserted statutory violations. This Comment argues that Washington courts should employ the same case-by-case control analysis used to impose the common law duty to provide a safe workplace to impose similar statutory duties on a job site owner. Part II of this Comment briefly identifies the possible sources of a job site owner's duties, including common law, contract, and statute. Part III explains the current status of job site owner liability in Washington. This Part carefully distinguishes between the Washington Supreme Court's consistent use of an actual control requirement for job site owners, and the Washington Court of Appeals' misconceived presumption of a job site owners' innate supervisory authority. Finally, Part IV explains why it is critical that a court find actual control before imposing statutory duties on job site owners.