Liability for an independent contractor's negligence.

Practice point: A party who retains an independent contractor, as distinguished from an employee or servant, is not liable for the independent contractor's negligent acts.

Student note: The underlying rationale for the rule is that one who employs an independent contractor has no right to control the manner in which the work is to be done and, thus, the risk of loss is more sensibly placed on the contractor.

Case: Calandrino v. Town of Babylon, NY Slip Op 03795 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Rear-end collisions.