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Liability for Independent Contractors
In another case, a manufacturing company contracted with a security firm to provide
a security guard. The guard shot and killed an individual who was trespassing,
but not for criminal purposes, on company property, after the person had obeyed
the guard's order to lie on the ground. The company argued that it could not
be held liable for the negligent acts of an independent contractor, but a state
supreme court ruled otherwise.
The court agreed that the security firm and its guard
were independent contractors. The manufacturing company's downfall was an
exception to the rule of no liability for acts of independent contractors.
If the work to be performed is inherently dangerous, the work can be delegated
to an independent contractor, but the duty to use reasonable care cannot
be avoided by the employer. Work is inherently dangerous when it involves
a foreseeable risk of physical harm to others and requires special precautions.
In the case of the trigger-happy security guard, who
was armed and instructed to “deter” thieves and vandals, dangerous
confrontations between the guard and persons entering the property were
contemplated. In the context of such danger, the independent contractor
status of the guard became a mere legal technicality that did not shield
the manufacturing company from liability.
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