Inherently Dangerous Work-Imputed Conduct-Independent Contractor is a term used to describe a situation in which an independent contractor (an individual or entity that provides services to another party, and is not an employee or agent of the other party) performs work that is inherently dangerous and carries a high risk of physical injury or death. This type of work is often performed in hazardous environments and requires specialized skills and safety procedures. Examples of inherently dangerous work include, but are not limited to, demolition work, working with hazardous chemicals, working in confined spaces, and working at heights. Types of Inherently Dangerous Work-Imputed Conduct-Independent Contractor include, but are not limited to, demolition work, construction work, hazardous waste removal, and working with hazardous chemicals.
Inherently Dangerous Work-Imputed Conduct-Independent Contractor
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FAQ
General Exceptions Case law recognizes three exceptions to liability for independent contractors: Negligent selecting, instructing, or supervising: This exception goes to whether you adequately vetted and instructed an independent contractor.
Respondeat superior applies to employees, but not to independent contractors. The Third Restatement of Torts helps to outline the difference between an employee and an independent contractor for the purpose of respondeat superior.
Although an employer may be vicariously liable for an employee's misconduct, an employer is typically not vicariously liable for an independent contractor's misconduct.
The respondeat superior doctrine (also called vicarious liability) refers to any employer's liability for an employee's actions or misactions. It translates directly as ?let the master answer? and applies to employees who act negligently while in the course of their employment.
(1) the employer retained control over the contractor's work; (2) the employer was in possession and control of premises; (3) a statute or rule imposes a specific duty on the employer; or (4) the contractor's work involved special risks or dangers.
Respondeat superior does not apply when the one employed is an independent contractor.