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O.C.G.A. § 51-2-5

Liability for negligence of contractor

of Code section. — The language of this Code section is derived in part from the decision in Atlanta & F.R.R. v

An employer is liable for the negligence of a contractor:

(1) When the work is wrongful in itself or, if done in the ordinary manner, would result in a nuisance;

(2) 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;

(3) Ifthe wrongful act is the violation of a duty imposed by express

contract upon the employer;

(4) Ifthe wrongful act is the violation of a duty imposed by statute;

(5) 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 master and servant or so that an injury results which is traceable to his interference; or

(6) Ifthe employer ratifies the unauthorized wrong of the independent contractor. (Civil Code 1895, § 3819; Civil Code 1910, § 4415;

Code 1933, § 105-502.)

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.