What may be the difference in liability of an owner if the prime contractor injures (a) a passerby and (b) a subcontractor’s employee?
What will be an ideal response?
Under the independent contractor rule, the owner is generally not vicariously
responsible for the torts of his or her independent contractor, the prime
contractor. However, an exception to the independent contractor rule is likely
to be applied (so that the owner is liable) when a passer-by is injured, while the
owner is likely not to be found liable to the subcontractor's employee, who has
received workers' compensation benefits.
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