An Independent Contractor in Tort
The employer of an independent contractor is generally not held vicariously liable for the tortious acts and omissions of the contractor, because the control and supervision found in an employer-employee or Principal-Agent relationship is lacking. However, vicarious liability will be imposed in some circumstances:
- where the contractor injures an invitee to the real property of the employer,
- the contractor is involved in an ultra-hazardous activity (one likely to cause substantial injury, such as blasting with explosives), or
- the employer is estopped from denying liability because he has held out the independent contractor as if he were simply an employee or agent.
- the employer is involved in an operation subject to obligations imposed by an public authority
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Famous quotes containing the word independent:
“Women, because of their colonial relationship to men, have to fight for their own independence. This fight for our own independence will lead to the growth and development of the revolutionary movement in this country. Only the independent woman can be truly effective in the larger revolutionary struggle.”
—Women’s Liberation Workshop, Students for a Democratic Society, Radical political/social activist organization. “Liberation of Women,” in New Left Notes (July 10, 1967)