Recent Case Breathes New Life Into Old Law In South Carolina

• Published date: 20 February 2024
• Subject Matter: Insurance, Litigation, Mediation & Arbitration, Insurance Laws and Products, Professional Negligence
• Law Firm: Butler Snow LLP
• Author: R. Nicholas Felix

Introduction: Employers have long used independent contractors to efficiently and effectively perform work and provide services while at the same time insulating themselves from direct liability for the contractors' conduct. When brought into cases by claimants, employers have turned to common law and contractual indemnification principles to defend and shield themselves. The general rule is that an employer is not vicariously liable for the negligent acts of an independent contractor. Duane v. Presley Const. Co. Inc., 270 S.C. 682, 244 S.E.2d 509 (1978). However, an employer may remain liable if it delegates a duty to an independent contractor and the independent contractor breaches that duty by acting negligently. Simmons v. Tuomey Rgl. Med. Ctr. 0341 S.C. 32, 533 S.E.2d 312 (2000). There are also certain circumstances when the nondelegable duty doctrine applies, such as statutory relationships between employers and employees or landlords and tenants, and in matters involving inherently dangerous activities...