What condition allows an employer to be liable for torts committed by an independent contractor?

An employer can be held liable for torts committed by an independent contractor when the contractor is engaged in an ultrahazardous activity. This principle is rooted in the concept of vicarious liability, which generally does not apply to independent contractors. However, there are specific exceptions, and one notable exception is when the work involves a high degree of risk that is inherent to certain activities considered ultrahazardous.

Ultrahazardous activities are inherently dangerous and carry a significant risk of harm to others, regardless of the precautions taken. Examples include activities such as the use of explosives, toxic waste disposal, or other operations that pose substantial risks. When a contractor engages in such an activity, the employer may be held liable for any resulting injuries or damages because the nature of the work is so dangerous that the employer should bear the responsibility for the risks associated with it.

On the other hand, closely supervising the contractor, their history of negligence, or working on a government project does not generally establish a basis for liability. Supervision may indicate a level of control akin to an employer-employee relationship, but it does not transform the contractor's status. A prior history of negligence may be relevant in assessing the contractor’s qualifications but does not in itself create liability