January 2, 2014

Liability for an independent contractor's negligence.

Practice point:  As a general rule, a party who engages an independent contractor is not liable for that contractor's negligent acts. There are exceptions, however, one of which implicates the nondelegable duty to keep the premises safe.

Student note:  Whenever the general public is invited into stores, office buildings, and other places of public assembly, the premises' owner is charged with the duty to provide members of the general public with a reasonably safe premises, including a safe means of entry and exit.

Case:  Blatt v. L'Pogee, Inc., NY Slip Op 08582 (2d Dept. 2013).

Here is the decision.

Tomorrow's issue:  Liability for a dog bite off the premises.