Legal Definitions - collateral-negligence doctrine

The collateral-negligence doctrine is a legal rule that states that an individual who hires an independent contractor is not responsible for any physical harm caused by the contractor if the following conditions are met:

1. The contractor's negligence is solely due to the improper way in which they performed their work.
2. The risk of harm caused by the contractor's negligence is not a normal part of the work being performed.
3. The employer had no reason to anticipate the contractor's negligence when they hired them.

For example, if a homeowner hires a contractor to install a new roof on their house, and the contractor accidentally drops a hammer on a passerby, the homeowner would not be held liable for the passerby's injuries if the three conditions above are met.

Another example could be a business owner hiring a cleaning company to clean their floors. If the cleaning company uses a cleaning solution that causes a customer to slip and fall, the business owner would not be held liable if the three conditions above are met.

These examples illustrate how the collateral-negligence doctrine protects individuals who hire independent contractors from being held responsible for any harm caused by the contractor's negligence, as long as the three conditions are met.