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Simple English definitions for legal terms
collateral-negligence doctrine
Read a random definition: common intendment
A quick definition of collateral-negligence doctrine:
Collateral-Negligence Doctrine: This is a rule that says if someone hires another person to do a job and that person does it in a way that causes harm, the person who hired them is not responsible for the harm if three things are true. First, the harm was caused only because the person doing the job did it wrong. Second, the harm was not something that usually happens when that job is done. And third, the person who hired them did not know that the person doing the job would do it wrong when they hired them.
A more thorough explanation:
The collateral-negligence doctrine is a legal rule that states that an individual who hires an independent contractor is not responsible for any physical harm caused by the contractor if the following conditions are met:
- The contractor's negligence is solely due to the improper way in which they performed their work.
- The risk of harm caused by the contractor's negligence is not a normal part of the work being performed.
- The employer had no reason to anticipate the contractor's negligence when they hired them.
For example, if a homeowner hires a contractor to install a new roof on their house, and the contractor accidentally drops a hammer on a passerby, the homeowner would not be held liable for the passerby's injuries if the three conditions above are met.
Another example could be a business owner hiring a cleaning company to clean their floors. If the cleaning company uses a cleaning solution that causes a customer to slip and fall, the business owner would not be held liable if the three conditions above are met.
These examples illustrate how the collateral-negligence doctrine protects individuals who hire independent contractors from being held responsible for any harm caused by the contractor's negligence, as long as the three conditions are met.