Can an employer be liable for an independent contractor's torts if the work was inherently dangerous?

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An employer can indeed be liable for the torts of an independent contractor when the work is inherently dangerous. This principle is rooted in the idea that certain activities carry a significant risk of harm, and therefore, the party that is commissioning the work - in this case, the employer - has an obligation to ensure that appropriate precautions are taken to mitigate these risks.

Inherently dangerous activities are those that pose a high degree of risk regardless of the care taken. These activities can include, for example, construction work, the use of explosives, or operations involving hazardous materials. The rationale behind imposing liability in these scenarios is that the employer should be aware of the risks associated with the particular work and the need to exercise a higher level of oversight and responsibility.

The other options do not accurately reflect the established legal principles in this area. An assertion that employers cannot be liable at all for independent contractors overlooks specific circumstances, like those involving inherently dangerous work. Similarly, stating that liability only arises when the employer directly hires the contractor or when the contractor has a high level of experience does not align with the broader legal framework that allows for employer liability in cases of inherently dangerous activities.

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