Wade Clark Mulcahy LLP

Generally, a person who hires an independent contractor is not liable for the contractor's negligence.  There is, however, an exception when that person has a non-delegable duty such as a property owner who is required to keep premises safe.
<span style="font-family: Calibri;"><span style="font-size: medium;">In </span><span style="font-size: medium;"> <a href="http://blog.wcmlaw.com/wp-content/uploads/2016/08/Pesante-v-Vertical-Industrial-Development-Corp.pdf">Pesante v Vertical Industrial Development Corp,</a> the plaintiff was injured while walking in a parking lot when she was struck by a toy car operated by a security guard employed by the owner/property manager to keep the premises safe and secure.  Although the lower court granted summary judgment, the</span></span><span style="font-family: Calibri; font-size: medium;"> Second Department reversed on the grounds that the property owner had a  non-delegable duty to the plaintiff to keep a premises safe.  As such, it could be held vicariously liable for the fault of its independent contractor.  Accordingly, there was a triable issue of fact as to whether the security guard was negligent and whether the owner could be, in turn, vicariously liable.  </span>
Thanks to Georgia Coats for her contribution.
For more information, contact Denise Fontana Ricci at <a href="mailto:dricci@wcmlaw.com">dricci@wcmlaw.com</a>.
&nbsp;