Brandenburg v. Luethi
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Defendant hired an independent contractor to spray herbicide on his property. The spraying caused extensive, permanent damage to seventy-nine trees on the property of his neighbors, Plaintiffs. At issue in this case was whether Defendant could be liable for the negligence of the independent contractor he hired to spray herbicides under the “inherently dangerous” exception to the independent contractor rule. The Supreme Court held here that Defendant could be liable for the acts of the independent contractor on the grounds that the spraying was an inherently dangerous activity because it posed a risk of naturally expected harm, and it was possible to reduce the risk. Remanded for determinations to be made as to whether Defendant exercised ordinary care to prevent damage to Plaintiffs’ property.
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