401.14c Preliminary Issues - Vicarious Liability - Ultrahazardous Work (Contractor Nonliability for Negligence Exception) Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
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401.14c Preliminary Issues - Vicarious Liability - Ultrahazardous Work (Exception to Nonliability for Negligence of Independent Contractor) On (claimant)'s claim there is a preliminary issue for you to decide. That issue is whether (defendant) [authorized or permitted another to carry on] [or] [knowingly assisted or participated in carrying on], upon premises owned or possessed by [him] [her], an activity which (defendant) knew or should have known was ultrahazardous. The performance of work is ultrahazardous if there is a real and substantial danger inherent in the work itself and if the work is of such a nature that, in the ordinary course of events, performance of the work will probably cause injury if proper precautions are not taken. A person who [authorizes or permits another to carry on] [or] [knowingly assists or participates in carrying on] ultrahazardous work on premises owned or possessed by the employer is responsible for negligence in the performance of the work by the other or by his or her agents and employees.