An interesting case setting out the differences in responsibilty to an injured third party where an an independant contractor and an employee are involved. The court of Appeal quite rightly in my view over turned the decision of the Trial judge that Jagged (Defendant) had no duty of care to the injured Harrison (claimant) and therefore not liable for the injuries she suffered on a self-led expedition to Ecuador to climb the Cayambe glacier and Cotopaxi mountainsLTD (2012)
The court of Appeal said;
“In cases of negligence, there was a distinction between a contract of service and a contract for services and an employer could escape liability for collateral acts of negligence if the tortfeasor was employed under a contract for services… ” There was no ground for imposing any duty of care on defendant and the judge had been wrong to have found that defendant was liable for any of the accidents and injuries suffered by Harrison. “
In short one can not be responsible for an act of an independant contractor.