Q&As

Is there any relevant case law and guidance on whether a defendant employer is vicariously liable for an employee being injured as a result of an independent contractor negligently carrying out testing to lighting?

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Produced in partnership with David Green of 12 King's Bench Walk
Published on LexisPSL on 29/01/2018

The following PI & Clinical Negligence Q&A produced in partnership with David Green of 12 King's Bench Walk provides comprehensive and up to date legal information covering:

  • Is there any relevant case law and guidance on whether a defendant employer is vicariously liable for an employee being injured as a result of an independent contractor negligently carrying out testing to lighting?

An employer is generally only liable for its employees, and not for the actions of an independent contractor.

However, this general rule is qualified by some significant exceptions. For example, an employer ‘may’ become liable for an independent contractor when:

  1. the employer has expressly authorised the contractor to commit the tort (Ellis v Sheffield Gas Consumers Co (1853) 17 JP 823 (not reported by LexisNexis®))

  2. where the breach is really attributable to the defendant employer, as it is a breach of the employer’s primary, and non-delegable, duty to provide a safe place and a safe system of work

  3. where the c

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