Property owners often engage independent contractors to perform construction and renovation projects on their properties. If an employee of the independent contractor is injured on the property, the owner may be liable to the employee for his or her injuries, regardless of whether the worksite is a home, a multimillion-dollar lab renovation or a residential construction project.
While it is well settled in Pennsylvania that a property owner who engages an independent contractor is not responsible for the acts or omissions of the independent contractor or his or her employees, there are two exceptions to this general rule that may expose the owner to liability: (1) the owner retains significant control over the contractor’s work or (2) the work involves a peculiar risk. See Beil v. Telesis Construction , 11 A.3d 456, 466 (Pa. 2011); Hader v. Coplay Cement Mfg. Co ., 189 A.2d 271 (Pa. 1963); Pender v. Raggs , 35 A. 1135 (Pa. 1896); Restatement (Second) of Torts §409.
