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Liability for Injury Caused by Independent Contractor

An independent contractor engaged by a landowner for work or construction is liable to adjoining owners for damages to their property caused by contractor’s negligence.  In, Pumphrey v. J. A. Jones Constr. Co,[i] the Court held that an independent contractor engaged by a landowner for work or construction is liable to adjoining owners for damage to their property caused by his/her negligence.  A contractor is also liable for the damage caused by the contractor’s employees in performance of the work or construction.  Even if there is no negligence by contractor s/he is held liable for damage to adjoining property caused by inherently dangerous instrumentalities employed in the work.

Generally, after completion of work and accepted by the employer, the contractor is not liable for injuries to a third person.  However a contractor is liable even after an employer accepted the work, when there is imminent or inherent danger.

In, Ohio Cas. Ins. Co. v. Davey Tree Expert Co,[ii] the Court held that a contractor is liable for damage to adjoining property from negligence in felling a large tree.  The Court observed that the contractor is liable even if the tree did not fall on the adjoining land but rather in the street which break utility lines in its fall and thereby disrupting service in the adjoining property.

In,  In, Divicent v. Sanderson, the Court held landowner liable for damages caused to adjoining property from pile-driving operations performed by a contractor.[iii]

In, Grewal v. N.D. Ass’n of Counties,[iv] the Court held that a landowner is not liable for damage to adjacent property from work at a construction site if the method, manner, and operative details of the work are not under his/her control.

[i] 250 Iowa 559 (Iowa 1959)

[ii] 173 N.E.2d 412 (Ohio Mun. Ct. 1959)

[iii] 239 La. 51 (La. 1960)

[iv] 2003 ND 156 (N.D. 2003)


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