Generally, a person who hires an independent contractor is not liable for the contractor’s negligence.  There is, however, an exception when that person has a non-delegable duty such as a property owner who is required to keep premises safe.

In  Pesante v Vertical Industrial Development Corp, the plaintiff was injured while walking in a parking lot when she was struck by a toy car operated by a security guard employed by the owner/property manager to keep the premises safe and secure.  Although the lower court granted summary judgment, the Second Department reversed on the grounds that the property owner had a  non-delegable duty to the plaintiff to keep a premises safe.  As such, it could be held vicariously liable for the fault of its independent contractor.  Accordingly, there was a triable issue of fact as to whether the security guard was negligent and whether the owner could be, in turn, vicariously liable. 

Thanks to Georgia Coats for her contribution.

For more information, contact Denise Fontana Ricci at .