Liability for an independent contractor's tortious conduct?
Direct Answer
Generally, no: a person who hires an independent contractor is not liable for the contractor’s torts.[1][2] But New York recognizes important exceptions, including where the hirer is itself negligent, where a nondelegable duty is imposed by statute, contract, or common law, or where the work is inherently dangerous.[1][2][3][4]
General Rule
New York follows the common-law rule that one who retains an independent contractor is ordinarily not vicariously liable for the contractor’s negligent acts because the hirer lacks the right to control the manner in which the work is performed.[2][3] The Court of Appeals has repeatedly stated that this rule applies to both private and public actors.[2][3][4]
“The general rule is that a party who retains an independent contractor . . . is not liable for the independent contractor’s negligent acts.” Kleeman v. Rheingold, 81 N.Y.2d 270, 274 (1993)[2]
Major Exceptions
1. The hirer’s own negligence
A hirer can be liable for its own negligence in selecting, instructing, or supervising the contractor.[2] This is not truly vicarious liability; it is direct liability for the hirer’s own conduct.[2]
2. Nondelegable duties
Liability may attach where the law imposes a duty that cannot be delegated to another, even if the contractor is independent.[2][4] These duties may arise from:
3. Inherently dangerous work
If the work is inherently dangerous, the hiring party may be liable for harm caused by the contractor’s failure to take reasonable precautions.[3][4] New York describes this as work involving a risk inherent in the nature of the work itself, recognized in advance by the employer.[3][4]
The exception applies where the work “involves a risk of harm inherent in the nature of the work itself” and the employer “recognizes, or should recognize, that risk in advance of the contract.” Rosenberg v. Equitable Life Assurance Soc’y of the U.S., 79 N.Y.2d 663, 668-69 (1992)[3]
Bottom Line
So, the answer is usually no, but yes in certain circumstances—especially when the hirer has its own negligence, a nondelegable duty, or the work falls within the inherently dangerous-work doctrine.[1][2][3][4]