Defenses and Affirmative Defenses
Liability Defenses
A principal is generally not vicariously liable for an independent contractor's negligence. The classification turns on the right to control the manner and means of the work rather than the contract's label.
Numerous exceptions apply.
Alternative Names:
Independent Contractor Rule, Non-Employee Defense
Why it Matters?
The exceptions consume much of the rule, including non-delegable duties, inherently dangerous activities, negligent selection of the contractor, and retained control over safety. In trucking the federal regulations impose statutory employment regardless of classification, which eliminates the defense entirely for motor carriers. Establishing the actual control relationship through the contract and the operational practice is the analysis.
Frequently Confused with
Related terms
Frequently asked questions
What determines contractor status?
Why does the defense fail in trucking?
