Question

Carl is a contractor that is building a home for Orel. Pam is one of Orel's...

Carl is a contractor that is building a home for Orel. Pam is one of Orel's neighbors. One day Pam was walking in the neighborhood. As she passed the construction site, a piece of lumber fell from the partially finished garage roof and hit her in the head, injuring her severely. The lumber was left negligently on the roof by Carl. Pam now wishes to sue Orel. Should Orel be held liable to Pam, and why or why not?

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Answer #1

In contrast to an employee, Carl would probably be regarded as an independent contractor. The scenario here is not one such as to conduct involving ultra-hazardous activities for which a principal would be held responsible for an independent contractor's actions.

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