The State of Indiana hired Mogul Construction Company to repair a 10-mile stretc

Question

The State of Indiana hired Mogul Construction Company to repair a 10-mile stretch of highway. Part of the job was to repair a bridge over a river. Mogul subcontracted this job to Wonder Construction Company. The repair of a bridge is a fairly dangerous activity that requires special precautions to keep automobile accidents from occurring. One of those precautions was to devise safe procedures for getting automobiles over the bridge while still getting the repair work done. Mogul did not tell Wonder exactly how to proceed or supervise how it did the job. Instead, the job was Wonder’s to do as it saw fit. Unfortunately, Wonder’s standards of fitness evidently weren’t too high. One night, 10 cars went off the bridge and into the river because the signs Wonder used to direct them around the construction work were all screwed up. Because Wonder had too few assets, the various plaintiffs sued Mogul as well. Will Mogul be liable under respondeat superior here? Under what other theory might Mogul be liable?

Explanation / Answer

Respondeat superior is based on the theory that the employer should respond to the third persons for losses negligently caused by the employee. Generally the employer is not liable for the physical harm caused by the independent contractors while performing the contract as the employer has no control over the performance of the independent contractor. But there are certain exceptions and the employer is liable for the act in the case of hazardous activities involved in the contract. Here the Mogul Construction has subcontracted Wonder Construction Company for the repair of the bridge which is a dangerous activity. They failed to give special precautions on safe procedures to keep automobile accidents from occurring which resulted into the accident for ten cars. Hence Mogul Construction Company would be liable under respondeat superior here.

Other theory that makes Mogul Construction liable is the strict liability. Strict liability makes Mogul Construction Liable without proof of negligence or fault under dangerous conditions. Though there is no fault that can be proved on the side of Mogul Construction Company, they had to exercise reasonable care while subcontracting with Wonder Construction Company and inform about them all the precautions that need to be taken to avoid any chances of harm. Hence Mogal Construction Company would be responsible under strict liability for paying for any injuries caused by the construction work across the river as it is a dangerous activity.

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