Sarah operates a residential care facility and hires Tom, an independent contractor, to provide transportation for the residents. During one trip, Tom's driver recklessly drives and causes an accident, resulting in injuries to several residents. Under which of the following circumstances is Sarah most likely to be held liable for the injuries caused by Tom's driver?
When Tom operates his transportation service under his own business name without referencing Sarah’s facility.
When Sarah exercises significant control over the daily activities and methods used by Tom's transportation service.
When Tom is found negligent in hiring the driver.
When transporting residents is considered a nondelegable duty by law.
The transportation of residents is typically considered a nondelegable duty. This means Sarah remains liable for the negligent acts of the independent contractor, regardless of the level of control she has over Tom's operations. The other answers are incorrect incorrect as significant control over daily activities relates to the determination of an employee versus an independent contractor, not nondelegable duties, because operating under her own business name does not absolve liability when a nondelegable duty is involved, and a contractor's negligence does not negate the nondelegable duty held by Sarah.
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