When filing a legal claim against an independent contractor after a Maryland accident, an independent contractor may claim that they cannot be held independently liable. Maryland courts have recognized that there are times in which independent contractors are also agents of another, often reliving them of independent liability. However, that is not always the case, and the party that claims there is a principal-agent relationship must prove the existence of such a relationship.
In a recent state appellate case, the court considered whether a personal trainer was an agent of a gym. In that case, the plaintiff was using a weight machine when she fractured a bone in her hand, requiring her to undergo two surgeries. She was under the direction of a personal trainer at the time she injured her hand, and she claimed the personal trainer improperly instructed her on how to use the machine, thereby causing her injury. The plaintiff brought a claim against the gym and the trainer, who had been contracted by the gym. The trainer argued that she was an agent of the gym, and could not be held independently liable because the gym had hired her to teach there. In contrast, the plaintiff argued the personal trainer was not an agent of the gym because she was an independent contractor there.
The court explained that there are circumstances in which a person may be an independent contractor and an agent of the principal. It explained that these circumstances exist where a contractor is a fiduciary that owes the principal loyalty and obedience. Examples of this include attorneys, brokers, and collection agencies. But in cases in which an independent contractor claims to be an agent, the independent contractor must establish the characteristics of the principal-agent relationship, including the principal’s right to control the physical conduct of the agent. In this case, there was not sufficient evidence that the trainer was an agent of the gym to dismiss the case against the trainer. Therefore, the court held that the case should continue against the trainer and that a jury would be required to resolve the issue.