In the context of vicarious liability, what universal principle applies to independent contractors?

In the context of vicarious liability, the principle that employers cannot be held liable for the torts of independent contractors is foundational. This principle stems from the distinction between employees and independent contractors in the employer-employee relationship.

Generally, when an individual is hired as an employee, the employer may be held liable for the actions of the employee performed within the scope of their employment. This is because the employer has control over the employee's actions and may benefit from those actions. However, independent contractors operate with more autonomy and discretion in how they fulfill their work, meaning that the employer does not exert the same level of control over them.

Consequently, if an independent contractor commits a tort while performing their duties, the employer is typically not held liable for those actions. This principle aims to delineate the boundaries of liability depending on the nature of the working relationship and the degree of control exercised by the employer.

This understanding reinforces the legal framework surrounding vicarious liability by emphasizing the importance of the classification of workers and the implications that classification has on liability.