What is the general rule concerning vicarious liability for independent contractors?

The principle of vicarious liability holds that an employer can be held responsible for the negligent actions of an employee performed within the scope of employment. However, when it comes to independent contractors, the general rule is that employers are not liable for the torts of independent contractors they hire. The exception to this rule occurs when the employer has non-delegable duties—certain obligations that the employer cannot transfer to another person or entity.

Non-delegable duties often involve responsibilities related to safety and public policy considerations. For instance, if a company hires an independent contractor to perform work that inherently involves a high risk of harm, that company may be held liable for any negligence on the part of the contractor because it cannot escape its responsibility for that duty. Therefore, the correct answer reflects the nuanced nature of employer liability when dealing with independent contractors, highlighting that vicarious liability can indeed arise, but only when these non-delegable duties are in play.

The other choices suggest broader interpretations of liability that do not align with the established legal principles surrounding independent contractors and the specific rationale for when vicarious liability may apply.