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.
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