By its very essence, tort law is supposed to shield a company from the negligent actions of any independent contractor it does business with. It asserts that the company cannot be held responsible for the actions or mistakes of an entity that is separate from it, and is a foundation when it comes to how businesses manage risk.

This means that a general contractor can go and hire a specialized subcontractor without having to worry the actions of these entities, giving them the leeway to ensure they focus on their core competencies while subcontracting specialized work to others. That said, this principle isn’t written in stone, and comes with an exception which protects the public from any risk that is deemed extraordinary or unusual.

If this company commissions work that presents clear and present danger or risk, the onus is on them to ensure that work continues in such a manner as to protect workers regardless of any contractual agreements in place. Should an injury occur, the general contractor may be held liable for said injury.

At McCready Law, we know how difficult it may be to go up against large corporations in order to recover compensation after an injury as more often than not, they retain high-powered legal teams in order to shoot down any claims or shunt responsibility to other parties. In this article, we shall take a look at the various strategies we employ to help you recover compensation even when the negligent act that caused your injury was caused by a subcontractor. Read on to find out how exactly we do this.

Are you looking for the best injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury attorneys at McCready Law bring to the table over 90 YEARS of combined legal experience, where we’ve helped tens of thousands of injured Americans from all over the country recover compensation after getting injured on account of the negligence of other individuals or large corporations. Over the decades, we have been able to successfully recover over $260 million and counting for our clients with some of these judgments or settlements ranging in the hundreds of thousands and even millions for cases that involve catastrophic injury or wrongful death.

Our success can be attributed to a number of factors, such as the fact that our lawyers personally handle all claims and we do not shunt them over to paralegals or legal assistants, as is common in most law firms, a practice that can jeopardize the outcome of a case. We also engage highly experienced and renowned experts in the forensic science, investigative, medical, and accounting fields to ensure that your injuries are objectively documented and that causation is demonstrated, negligence is proved, and your injuries are quantified by way of damages.

We run a bilingual firm (hablamos Español), and we have nationwide reach thanks to our vast network of trusted referral attorneys. Lastly, we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured by someone you know in your family or friend circle, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

Inherently Dangerous Doctrine and Vicarious Liability – Are They Related?

In order to have an appreciation of the inherently dangerous activity doctrine, we must first examine the concept of vicarious liability, which is rooted in the principle of respondeat superior, or let the master answer, which makes it possible to hold an employer for any injurious acts committed by their employees. This rule originates from the right of the employer to control specific details related to the employee’s work duties. In essence, the law views the employee as an agent of the employer, which then means that their negligence, if committed within the scope of employment, becomes the employer’s liability or responsibility.

That being said, independent contractors are considered as separate entities from what we would traditionally deem as employees, given the fact that they control their own work, and while the hiring party is concerned with the final product, they have no say in the process or work schedule, or methods of these subcontractors.

Theoretically, this shields businesses from any liability for the negligence that subcontractors commit. However, the inherently dangerous activity doctrine closes this loophole, ensuring that any injured parties are compensated and made whole again should said dangerous activity lead to an injury.

Some industries where the concept of special danger or peculiar risk may apply include:

1. The construction and demolition industry, where the erection of structural steel, working with explosives, as well as hoisting materials up dozens of feet all involve risks that can be deemed as unique a pose a significant danger to the public
2. The oil, gas and mining industry where workers engage in deep drilling, handle flammable materials or construct pipelines carry inherent explosion or environmental disaster risks
3. The transport industry where hazardous materials may need to be transported from one state to another such as radioactive waste, toxic chemicals or volatile substances create a significant and unique risk of explosions or spills should the vehicle become involved in an accident.

Best Nationwide Injury Attorneys for Catastrophic Injury – Call Us Today!

At McCready Law, we believe that businesses should be held accountable for the actions of subcontractors by virtue of the fact that any inherently dangerous activity means that they must protect the public from harm. If you or a loved one has been injured due to an inherently dangerous activity that is found in one or more of the industries mentioned above, please give us a call NOW at (314) 481-63338 to learn more about how we can help you successfully file an injury claim so you can get the justice and compensation you are rightfully owed. We take on cases countrywide so feel free to call us from wherever you are in the nation, and your first consultation is 100% FREE. Thanks for choosing us, and we look forward to helping you.