California First-Year Law Students' Exam (Baby Bar) — MCTortsEasy
A homeowner hired a professional landscaping company to remove a large, dead tree from their backyard. The company's employees, while using a chainsaw, accidentally cut a fiber optic cable belonging to the local utility company, disrupting internet service for several blocks. The utility company sued the homeowner for negligence. Is the homeowner likely liable for the damage caused by the landscaping company?
- AYes, because the homeowner selected the landscaping company.
- BYes, because the homeowner had a non-delegable duty to ensure the work was done safely.
- CNo, because the landscaping company was an independent contractor.
- DNo, because the utility company assumed the risk by placing the cable underground.
Show answer & explanationAnswer & explanation
Correct answer: C. No, because the landscaping company was an independent contractor.
Generally, a hiring party is not liable for the torts of an independent contractor. The landscaping company, as an independent contractor, is responsible for its own negligence.
Why the other options are wrong
- A. Selecting a contractor does not, by itself, make the hiring party liable for the contractor's negligence.
- B. Tree removal is not typically considered a non-delegable duty that would automatically impose liability on the homeowner.
- D. Placing a cable underground does not equate to assuming the risk of a contractor's negligent cutting of that cable.
Independent Contractor Defense (Negligence)
A defense in negligence cases stating that a party who hires an independent contractor is generally not liable for the contractor's torts, as the contractor controls the details of the work.
- Hiring party generally not liable.
- Contractor controls work methods.
- Exceptions exist for inherently dangerous work or non-delegable duties.
Memory trick: The 'boss' isn't responsible for the 'worker' if they're truly independent.