Title 51, Chapter 2, Section 5
( 51-2-5)
An employer is liable for the negligence of a contractor: (1) When the work is wrongful in itself or, if done in the
ordinary manner, would result in a nuisance; (2) If, according to the employer's previous knowledge and
experience, the work to be done is in its nature dangerous to
others however carefully performed; (3) If the wrongful act is the violation of a duty imposed by
express contract upon the employer; (4) If the wrongful act is the violation of a duty imposed by
statute; (5) If the employer retains the right to direct or control the
time and manner of executing the work or interferes and assumes
control so as to create the relation of master and servant or so
that an injury results which is traceable to his interference; or (6) If the employer ratifies the unauthorized wrong of the
independent contractor. |