What is the case law on the rule of nonliability of a private employer for the torts of an independent contractor?

California, United States of America


The following excerpt is from Barry v. Raskov, 232 Cal.App.3d 447, 283 Cal.Rptr. 463 (Cal. App. 1991):

"There are numerous considerations which have led courts to depart from the rule of nonliability of a private employer for the torts of an independent contractor. Some of the principal ones are that the enterprise, notwithstanding the employment of the independent contractor, remains the employer's because he is the party primarily to be benefited by it, that he selects the contractor, is free to insist upon one who is financially responsible, and to demand indemnity from him, that the insurance necessary to distribute the risk is properly a cost of the employer's business and that the performance of the duty of care is of great importance to the public." (Van Arsdale v. Hollinger, supra, 68 Cal.2d at p. 253, 66 Cal.Rptr. 20, 437 P.2d 508.)

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