Independent Contractors and Third-Party Liability in New York

What Are Independent Contractors and Third-Party Liability?

Background

“As a general rule, a party who engages an independent contractor is not liable for the independent contractor's negligent acts." (Metling v. Punia Marx, Inc. (2003) 303 A.D.2d 387 citing Kleeman v. Rheingold (1993) 81 N.Y.2d 270, 273; see also Rosenberg v. Equitable Life Assur. Soc. of U.S. (1992) 79 N.Y.2d 663.) The rule developed from the premise that the employer of an independent contractor has no right to control the manner in which the contractor's work is to be done and that it is therefore more sensible to place the risk of loss on the contractor. (See Zedda v. Albert (1996) 233 A.D.2d 497, 498; Mercado v. Slope Assocs. (1998) 246 A.D.2d 581.)

General Information for Complaints and Motions

An exception to the well-settled general rule that a party who retains an independent contractor is not liable for the negligence of the independent contractor, is “the nondelegable duty exception, which is applicable where the party ‘is under a duty to keep premises safe.’” (Backiel v. Citibank, N.A. (2002) 299 A.D.2d 504, 505 [internal citations omitted].) “Where, for example, premises are open to the public, the owner has a nondelegable duty to provide the public with a reasonably safe premises and a safe means of ingress and egress.” (Id.; see also Restatement of Torts § 425). This duty may not be delegated by the owner to its agents or employees or to an independent contractor. (Id.)

Additionally, Moch, Eaves Brooks, and Palka identify three situations in which a party who enters into a contract to render services may be said to have assumed a duty of care — and thus be potentially liable in tort — to third persons:

where the contracting party, in failing to exercise reasonable care in the performance of his duties, "launch[es] a force or instrument of harm" [H. R. Moch Co. v. Rensselaer Water Co. (1928) 247 N.Y. 160 at 168];
where the plaintiff detrimentally relies on the continued performance of the contracting party's duties [see Eaves Brooks v. Y.B.H. Realty (1990) 76 N.Y.2d 220 at 226]; and
where the contracting party has entirely displaced the other party's duty to maintain the premises safely (see Palka, 83 N.Y.2d at 589). These principles are firmly rooted in our case law, and have been generally recognized by other authorities (see e.g. Restatement [Second] of Torts § 324A).

(Espinal v. Melville Snow Contractors (2002) 98 N.Y.2d 136, 140.)

The Court’s Decision

“It is well settled that an employer may be liable for the negligence of an independent contractor where it is shown that the employer was negligent in selecting or hiring a careless or incompetent independent contractor.” (Travelers Indem. Co. v. A Superior Serv. & Repair Co., 2015 N.Y. Slip Op. 30560, 17-18 [N.Y. Sup. Ct. 2015] citing Brothers v New York State Elec. & Gas Corp. (2008) 11 N.Y.3d 251 at 258; see also Kleeman v Rheingold (1983) 81 N.Y.2d 270, 274 n. 1 [“although often classified as an 'exception,' this category may not be a true exception to the general rule, since it concerns the employer's liability for its own acts or omissions rather than its vicarious liability for the acts or omissions of the contractor.”])

Hospitals and Independent Contractor Liability

“Ordinarily, a hospital or clinic will be liable for the negligent acts of an employee, but not for the negligent acts of an independent contractor. Nevertheless, vicarious liability may be imposed upon a hospital or clinic for the negligence of an independent contractor under a theory of apparent or ostensible agency.” (Nilsen v. Franklin Dental Health [2d Dept 10-12-2011, 2011 N.Y. Slip Op. 21362 [N.Y. Sup. Ct. 2011] citing Kavanaugh v Nussbaum, 71 N.Y.2d 535, 547 [“vicarious liability for medical (or dental) malpractice generally turns on agency or control in fact, or apparent or ostensible agency”].) “Thus, where a hospital or clinic holds out an independent contractor to be its agent or employee, it may be estopped from asserting such independent contractor status if the patient has relied on that representation.” (See Hill v St. Clare's Hosp., 67 N.Y.2d 72, 79.)

Documents for Independent Contractor - Third-Party Liability in New York

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Laurent Chevalier v. Guideone Insurance a/k/a GuideOne Mutual Insurance Company a/k/a GuideOne Specialty Mutual Insurance Company a/k/a GuideOne Elite Insurance Company a/k/a GuideOne National Insurance Company a/k/a GuideOne Legal a/k/a GuideOne Insurance Company, Emily Edmunson, Nicole Lee Torts - Other (Employment Discrimination) document preview

SUMMONS + COMPLAINT

26 pages

FILED: KINGS COUNTY CLERK 06/14/2024 11:24 AM INDEX NO. 516533/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS Date Filed: June 14, 2024 -----------------------------…

Case Name Laurent Chevalier v. Guideone Insurance a/k/a GuideOne Mutual Insurance Co…