In relation to independent contractors, when does vicarious liability apply?

Vicarious liability typically applies when the actions of an independent contractor create a risk that is inherently dangerous or when non-delegable duties are involved.

In the case of ultra-hazardous activities—such as the use of explosives or other activities that could cause significant harm regardless of the precautions taken—employers can be held liable for any injuries or damages caused by the independent contractor's work. This is due to the understanding that certain activities are so dangerous that the employer cannot delegate the risk completely to an independent contractor.

Similarly, non-delegable duties refer to responsibilities that an employer cannot pass off to another party without retaining legal accountability. For instance, if a business has a duty to maintain safe premises, this duty cannot be delegated to an independent contractor. If the contractor’s negligence leads to an injury, the employer remains liable due to this non-delegable responsibility.

Therefore, the correct answer highlights that vicarious liability pertains specifically to cases involving ultra-hazardous activities or non-delegable duties, as these present circumstances where the employer's responsibility remains intact despite the use of independent contractors.