Bagley v. Insight Commc'ns Co., L.P. - 658 N.E.2d 584 (Ind. 1995)

Rule:

In Indiana, the long-standing general rule has been that a principal is not liable for the negligence of an independent contractor. However, five exceptions have been recognized for more than half a century. The exceptions are: (1) where the contract requires the performance of intrinsically dangerous work; (2) where the principal is by law or contract charged with performing the specific duty; (3) where the act will create a nuisance; (4) where the act to be performed will probably cause injury to others unless due precaution is taken; and (5) where the act to be performed is illegal.

Facts:

Employee was injured while at work, and guardian filed an action for damages against corporation, cable installer, and employer. The trial court granted summary judgment in favor of corporation, subcontractor, and employer. On appeal, the guardian argued that questions of fact existed as to whether corporation and cable installer were negligent in hiring a subcontractor, and whether corporation and cable installer breached a duty to provide proper safety procedures, and whether corporation and cable installer had assumed a duty to provide insurance to cover injured employee's injuries.

Issue:

1. Did questions of fact exist as to whether corporation and cable installer were negligent in hiring a subcontractor, and whether corporation and cable installer breached a duty to provide proper safety procedures? 
2. Under the circumstances, was the principal liable for the negligence of the independent contractor? 

Answer:

1) No. 2) No.

Conclusion:

The court first held that no questions of fact existed as to whether a duty to provide insurance existed and as to whether a duty to provide proper safety procedures was breached. The court then held that although guardian was not prohibited from pursing a negligence claim, none of the facts asserted by guardian entitled injured employee as a matter of law to fall within one of the exceptions to the general rule that a principal was not liable for the negligence of an independent contractor.