Legal Definitions - collateral negligence

Definition: Collateral negligence refers to the negligence of an independent contractor, for which the employer is generally not liable. Negligence is the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. It is any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentionally, wantonly, or willfully disregardful of others' rights. The term denotes culpable carelessness.

Example: A construction company hires an independent contractor to install electrical wiring in a building. If the independent contractor is negligent and causes damage to the building, the construction company may not be held liable for the damages caused by the independent contractor's negligence. This is an example of collateral negligence.

This example illustrates that the employer is not responsible for the actions of an independent contractor, and therefore, cannot be held liable for any damages caused by the independent contractor's negligence.