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Is a general contractor/employer liable for injury caused by an independent contractor?

Posted by Richard E. Clark | Jun 13, 2012 | 0 Comments

A. No, the general contractor is not usually liable for injuries caused by independent contractors. There are numerous exceptions. The most common issue is whether the independent contractor is really deemed independent. A few areas to attack the defense of the general contractor isn't liable: 1) Does the employer or general contractor exert enough control over the person/entity where they are really not independent?, 2) Does all of the work from the independent or sub-contractor come from the general contractor/employer?, and 3)Who owns the trucks and equipment the sub-contractor is using?

The general contractor could also be liable if they were negligent in selecting the independent contractor, where it is imposed by NH State Statute, and where the work is inherently dangerous. An example of an inherently dangerous task is blasting dynamite.

For example, if one is injured in a car accident, they may have the ability to seek payment from the company that owns the truck and the employer/general contractor. Those injured should seek a New Hampshire licensed attorney familiar with NH injury laws to discuss the matter further.

About the Author

Richard E. Clark

Attorney in Portsmouth, Dover, NH and Newburyport, MA Attorney Richard E. Clark is one of the seacoast's most successful attorneys. He has effectively litigated injury cases and civil suits achieving multi-million dollar results. Richard is friendly, detailed and has no reservations arguing in Court, when it's in the spirit of justice. Attorney Clark is a NH seacoast native. After his father retired from the U.S. Army, they returned to their ancestral Rye Beach property. His grandmother of the Sawyer/Jenness family settled Rye Beach, NH and Haverhill, MA. Prior to practicing law, Richard owned several contracting companies for almost two decades. After graduating from Portsmouth High School in 1991, he persevered through a ten-year educational pursuit to complete his law degree, NH and MA licensure, while managing his businesses. Richard's reputation is known in the seacoast area as friendly, driven, aggressive and detail-oriented. Richard has always possessed a passion for work. He is continually strategizing about how to best resolve his client's dilemmas while achieving the best outcome. Attorney Clark was a private criminal contract defense attorney appointed to the Newburyport District Court from 2007-2011. He achieved the Commonwealth of Massachusetts certification in 2008. Attorney Clark is a member of the National College for DUI Defense, New Hampshire Association of Justice, Essex County Bar Advocates Criminal Defense, Rockingham County Bar Association, and the New Hampshire Bar Association. Mr. Clark is a graduate of the Massachusetts School of Law (2002) and Franklin Pierce College (1998). He is admitted to practice law throughout New Hampshire and Massachusetts, the United States District Court of NH, and the United States Court of Appeals for the Armed Forces.

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Aenean lacinia bibendum nulla sed consectetur. Donec sed odio dui. Maecenas sed diam eget risus varius blandit sit amet non magna. Nulla vitae elit libero, a pharetra augue. Curabitur blandit tempus porttitor. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Cras justo odio, dapibus ac facilisis in, egestas.