When is an occupier NOT liable for the negligence of an independent contractor?

An occupier is typically not liable for the negligence of an independent contractor when reasonable care was taken in selecting that contractor. This principle relies on the understanding that if an occupier has exercised due diligence in choosing a competent and qualified contractor for a specific job, they cannot be held responsible for the contractor's subsequent negligent actions.

This idea is grounded in the legal concept known as "vicarious liability," which generally holds employers or principals accountable for the negligent acts of their employees or agents. However, independent contractors are not considered employees, and therefore, the occupier's responsibility is mitigated if they have adequately assessed and selected a contractor based on their qualifications, track record, and capabilities. It reflects the legal expectation that the hiring party conducts proper vetting to ensure that the contractor can perform the work safely and competently.

In contrast, the other options either imply a responsibility that may be present despite the use of an independent contractor, or they highlight conditions that do not exempt the occupier from liability, such as directly supervising the contractor or the negligent actions of the contractor themselves. The existence of an indemnity clause in a contract might manage risk allocation, but it does not negate the occupier's responsibility in the event of negligence if proper selection processes