A landlord hires an independent contractor to repair the electrical system in a commercial building. During the repair, the contractor negligently installs faulty wiring, which later causes a fire that injures a visitor to the building. Does the landlord owe a duty of care to the injured visitor regarding the contractor's negligence?
No, because the injury was caused by a failure to act, which does not establish duty.
Yes, if the visitor was already aware of the faulty wiring.
No, because the contractor is an independent party and the landlord has limited control over their actions.
Yes, because the landlord has a responsibility to ensure that hired contractors perform their duties safely, thereby owing a duty of care to third parties.
The landlord owes a duty of care to the injured visitor because hiring the contractor creates a responsibility to ensure that the work is performed safely, which includes taking reasonable steps to supervise and prevent negligent acts that could foreseeably harm third parties. The incorrect options either underestimate the landlord's supervisory responsibilities or misinterpret the requirements for establishing a duty of care in negligence.
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