A real estate developer hires an independent contractor to excavate a piece of property. The excavation results in damage to a neighbor’s property because it undermined the neighbor’s foundation. Is the real estate developer liable for the damage to the neighbor’s property?
Yes, because the developer has a nondelegable duty to prevent harm from inherently dangerous activities.
Yes, because property owners may be liable for negligence that occurs on their land.
No, because the neighbor could have foreseen the risk of damage from excavation.
No, because the independent contractor, not the developer, caused the damage.
Nondelegable duties are obligations that a party cannot avoid by hiring an independent contractor. In this case, the real estate developer has a nondelegable duty to ensure that excavation work does not cause harm to adjacent properties, as this type of work is inherently dangerous and poses significant risks. Although the independent contractor caused the damage, the developer remains liable because they cannot transfer responsibility for such high-risk activities to another party. Other answers are incorrect because they misstate the law or misconstrue the principle of nondelegable duties, which are not excused by hiring independent contractors.
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