2021 Georgia Code
Title 51 - Torts
Chapter 2 - Imputable Negligence
§ 51-2-5. Liability for Negligence of Contractor

An employer is liable for the negligence of a contractor:

1. When the work is wrongful in itself or, if done in the ordinary manner, would result in a nuisance;
2. If, according to the employer's previous knowledge and experience, the work to be done is in its nature dangerous to others however carefully performed;
3. If the wrongful act is the violation of a duty imposed by express contract upon the employer;
4. If the wrongful act is the violation of a duty imposed by statute;
5. If the employer retains the right to direct or control the time and manner of executing the work or interferes and assumes control so as to create the relation of master and servant or so that an injury results which is traceable to his interference; or
6. If the employer ratifies the unauthorized wrong of the independent contractor.

(Civil Code 1895, § 3819; Civil Code 1910, § 4415; Code 1933, § 105-502.)

- Liability of principal contractor or subcontractor for injuries suffered by employees engaged in working upon subject matter of contract, § 34-9-8.

- For article surveying torts law, see 34 Mercer L. Rev. 271 (1982). For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004). For annual survey of real property law, see 57 Mercer L. Rev. 331 (2005). For annual survey of law on labor and employment law, see 62 Mercer L. Rev. 181 (2010). For annual survey on construction law, see 69 Mercer L. Rev. 63 (2017). For comment criticizing Dekle v. Southern Bell Tel. & Tel. Co., 208 Ga. 254, 66 S.E.2d 218 (1951), holding defendant not liable for negligence of independent contractor since excavating public street is not inherently dangerous as a matter of law, see 14 Ga. B. J. 228 (1951). For comment on Ellenberg v. Pinkerton's, Inc., 125 Ga. App. 648, 188 S.E.2d 911 (1972), holding employer defendant may not use independent contractor defense to invasion of privacy suit resulting from actions of investigator working in his behalf, see 9 Ga. St. B. J. 519 (1973). For comment on Aretz v. United States, 604 F.2d 417 (5th Cir. 1979), discussing federal government's duty of care to employees of an independent contractor, see 31 Mercer L. Rev. 1095 (1980).

ANALYSIS

• General Consideration
• Applicability to Other Specific Cases
• Applicability to Construction

RESEARCH REFERENCES

Am. Jur. 2d.

- 41 Am. Jur. 2d, Independent Contractors, § 43 et seq.

Complicity Rule in Motor Vehicle Accident Cases: Employer's Authorization or Ratification of Driver's Conduct, 19 POF3d 437.

Structural Damage to Residential Buildings, 51 Am. Jur. Trials 493.

- 30 C.J.S., Employer-Employee, § 246 et seq.

- Liability for injuries resulting from failure of independent contractor to guard opening in sidewalk while delivering merchandise, etc., 11 A.L.R. 571; 53 A.L.R. 932.

Duty of an employer with respect to the timbering of a mine, under the common law and general statutes, 15 A.L.R. 1380.

Nonliability of an employer in respect of injuries caused by the torts of an independent contractor, 18 A.L.R. 801.

General discussion of the nature of the relationship of employer and independent contractor, 19 A.L.R. 226.

Elements bearing directly upon the quality of a contract as affecting the character of one as independent contractor, 20 A.L.R. 684.

Liability of the employer for torts of independent contractor as predicated on the ground that the injury complained of was a direct and necessary result of the stipulated work, 21 A.L.R. 1229.

Liability of employer as predicated on the ground of his being subject to a nondelegable duty in regard to the injured person, 23 A.L.R. 984.

Nondelegable duty of employer in respect of work which will in the natural course of events produce injury, unless certain precautions are taken, 23 A.L.R. 1016.

Nondelegable duty of employer with respect to work which is inherently or intrinsically dangerous, 23 A.L.R. 1084.

Liability of municipal corporations and their licensees for the torts of independent contractors, 25 A.L.R. 426; 52 A.L.R. 1012.

Independent contractor remedial rights in respect of injuries caused by breaches of positive duties correlative to corporate franchises, 28 A.L.R. 122.

Liability of employer for acts or omissions of independent contractor in respect of positive duties or former arising from or incidental to contractual relationships, 29 A.L.R. 736.

Independent contractor liability of employer as predicated on the ground of his personal fault, 30 A.L.R. 1502.

Independent contractor extent of the employer's liability after he has assumed control of the subject-matter of the stipulated work, 31 A.L.R. 1029.

Liability of independent contractors for injuries to third persons by defects in completed work, 41 A.L.R. 8; 123 A.L.R. 1197.

Liability of contractee and contractor inter se with respect to injuries sustained while the stipulated work is in course of performance, 44 A.L.R. 891.

Liability of the contractee for injuries sustained by the contractor's servants in the course of the stipulated work, 44 A.L.R. 932.

Liability of one undertaking to repair automobile for injury to third person, 52 A.L.R. 857.

Independent contractor non-delegable duties with respect to intrinsically dangerous or unlawful work, 76 A.L.R. 1257.

Liability of company which maintains poles for acts or omissions of other companies using the poles under lease or license rendering them unsafe to persons working thereon, 81 A.L.R. 415.

Negligence of driver of automobile as imputed to members of joint enterprise, 85 A.L.R. 630.

Employment of independent contractor as affecting landlord's liability for personal injury to tenant or to one in like case with tenant, 90 A.L.R. 50; 162 A.L.R. 1111.

Independent contractor rule as applied to injuries resulting from conditions created by independent contractors in streets, 115 A.L.R. 965.

Owner's liability for injury by automobile while being used for servant's own pleasure or business, 122 A.L.R. 858; 51 A.L.R.2d 8; 51 A.L.R.2d 120; 52 A.L.R.2d 350.

Homework by employee as affecting employer's responsibility for injury to third person due to employee's negligence while on way to or from home, 146 A.L.R. 1193.

Loaned servant doctrine under Federal Employers' Liability or Safety Appliance Act, 1 A.L.R.2d 302.

Liability of freight motor carrier possessing certificate from Interstate Commerce Commission and employing noncertified independent contractor under "one-way" lease of latter's vehicle for negligence of latter's employee on return trip, 16 A.L.R.2d 960.

Liability in damages for injury or death of window washer, 17 A.L.R.2d 637.

Liability under respondeat superior doctrine for acts of operator furnished with leased machine or motor vehicle, 17 A.L.R.2d 1388.

Duty of owner of premises to furnish independent contractor or his employee a safe place of work, where contract is for repairs, 31 A.L.R.2d 1375.

Independent contractor rule as applicable to injury or death of third person as result of excavation and refill work, 33 A.L.R.2d 7.

Independent contractor rule as applicable to injury or death of third person as result of demolition work, 33 A.L.R.2d 89.

Liability of employer for injury to adjoining realty resulting from excavation work by independent contractor on his premises, 33 A.L.R.2d 111.

Liability of lessor motor carrier for lessee's torts or nonperformance of franchise duties, 34 A.L.R.2d 1121.

Deviation from employment in use of employer's car during regular hours of work, 51 A.L.R.2d 8; 51 A.L.R.2d 120; 52 A.L.R.2d 350.

Route driver or salesman as independent contractor or employee of merchandise producer or processor, for purposes of respondeat superior doctrine, 53 A.L.R.2d 183.

Liability of employer for negligent operation of motor vehicle by automobile salesman, 53 A.L.R.2d 631.

Right to join master and servant as defendants in tort action based on respondeat superior, 59 A.L.R.2d 1066.

Independent contractor's or subcontractor's liability for injury or death of third person occurring during excavation work not in street or highway, 62 A.L.R.2d 1052.

Liability of abutting owner or occupant for condition of sidewalk, 88 A.L.R.2d 331.

Right of contractor with federal, state, or local public body to latter's immunity from tort liability, 9 A.L.R.3d 382.

Master's liability for injury to or death of person, or damage to property, resulting from fire allegedly caused by servant's smoking, 20 A.L.R.3d 893.

Liability of builder-vendor or other vendor of new dwelling for loss, injury, or damage occasioned by defective condition thereof, 25 A.L.R.3d 383.

Liability of one contracting for private police security service for acts of personnel supplied, 38 A.L.R.3d 1332.

Liability to one injured in course of construction, based upon architect's alleged failure to carry out supervisory responsibilities, 59 A.L.R.3d 869.

Liability of builder or subcontractor for insufficiency of building resulting from latent defects in materials used, 61 A.L.R.3d 792.

Liability of subcontractor upon bond or other agreement indemnifying general contractor against liability for damage to person or property, 68 A.L.R.3d 7.

When is employer chargeable with negligence in hiring careless, reckless, or incompetent independent contractor, 78 A.L.R.3d 910.

Storekeeper's liability for personal injury to customer caused by independent contractor's negligence in performing alterations or repair work, 96 A.L.R.3d 1213.

Tort liability for window washer's injury or death, 69 A.L.R.4th 207.

Modern status of rule imputing motor vehicle driver's negligence to passenger on joint venture theory, 3 A.L.R.5th 1.

The government-contractor defense to state products-liability cases, 53 A.L.R.5th 535.

Modern status of rules regarding tort liability of building or construction contractor for injury or damage to third person occurring after completion and acceptance of work; "foreseeability" or "modern" rule, 75 A.L.R.5th 413.