Legal Definitions - inherently dangerous work

Inherently Dangerous Work

"Inherently dangerous work" refers to tasks or activities that, by their very nature, pose a significant and unavoidable risk of serious injury, death, or substantial harm to individuals or property, even when all reasonable safety precautions and due care are exercised. The danger is intrinsic to the work itself and cannot be entirely eliminated through ordinary means. This legal concept is often relevant in determining liability, particularly when a party hires an independent contractor to perform such work.

Here are some examples illustrating this concept:

• Example 1: Demolishing a Multi-Story Building
  A property owner hires a specialized contractor to demolish an old, multi-story commercial building in a densely populated urban area. Despite the contractor implementing strict safety protocols, erecting protective barriers, and using controlled demolition techniques, the very act of bringing down a large structure involves inherent risks such as falling debris, unexpected structural collapses, or dust clouds affecting nearby properties.
  This illustrates "inherently dangerous work" because, even with expert planning and execution, the fundamental nature of demolishing a large building carries unavoidable risks of serious harm that cannot be entirely eliminated.
• Example 2: Transporting Highly Flammable Industrial Chemicals
  A logistics company is contracted to transport large quantities of highly flammable industrial chemicals across state lines. The company uses specialized, reinforced tankers, employs drivers with extensive hazardous materials training, and follows all federal safety regulations for chemical transport. However, the inherent volatility and flammability of the cargo mean that, despite all precautions, there remains a constant, significant risk of explosion, fire, or toxic spill in the event of an accident.
  This demonstrates "inherently dangerous work" because the intrinsic properties of the chemicals themselves create a high potential for catastrophic harm, regardless of the meticulous safety measures taken during transport.
• Example 3: Repairing High-Voltage Power Lines
  An electrical utility company dispatches a crew to repair damaged high-voltage power lines after a storm. The crew members are highly trained, wear specialized protective gear, and follow strict lockout/tagout procedures to de-energize lines when possible. However, some repairs may require working on live lines or at extreme heights, where the risk of electrocution, severe burns, or falls is ever-present and cannot be fully mitigated by ordinary safety measures.
  This is an example of "inherently dangerous work" because the fundamental task of working with powerful electrical currents at significant heights carries unavoidable and severe risks that are intrinsic to the job itself.