60.350 Negligence Amplified; Independent Contractor

60.350 Negligence Amplified; Independent Contractor The employer generally is not responsible for torts committed by the employee when the employee exercises an independent business and is not subject to the immediate direction and control of the employer. O.C.G.A. §51-2-4 (The following exceptions should not be charged except as they may apply to the facts.) An employer is liable for the negligence of the contractor a. when the work is wrongful in itself or, if done in the ordinary manner, would result in a nuisance; b. if, according to the employer's previous knowledge and experience, the work to be done is in its nature dangerous to others, however carefully performed; c. if the wrongful act is the violation of a duty imposed by express contract upon the employer; d. if the wrongful act is the violation of a duty imposed by statute; e. if the employer retains the right to direct or control the time and manner of executing the work or interferes and assumes control so as to create the relation of employer and employee or so that an injury results that is traceable to the employer's interference; or f. if the employer ratifies or approves the unauthorized wrong of the independent contractor. O.C.G.A. §51-2-5 The real test by which to determine whether a person was acting as the employee of another at the time of injuring someone is to determine whether at that particular time that person was subject to the other person's orders and control and was liable to be discharged from the particular employment for disobedience of orders or misconduct. Bibb Mfg. Co. v. Souther, 52 Ga. App. 722 (1935) Redd v. Brisbon, 113 Ga. App. 23, 24 (1966)