Conn. Civ. Jury Instr. 3.9-29

The plaintiff claims that the defendant independent contractor, <insert name of independent

contractor>, had a duty to the plaintiff to use reasonable care, and failed in that duty, causing

injury to the plaintiff.

In this case, there is evidence that the defendant whom the plaintiff claims to have controlled the

premises <insert name of contracting party> had a contract with <insert name of independent

contractor>. You must first decide whether a contract existed between these defendants and

whether it was for the performance of services that <insert name of contracting party> had a

duty to perform in these circumstances. If you find that no such contract existed, or that there

was a contract but not for services that <insert name of contracting party> had a duty to perform

under the circumstances, then you must find for <insert name of independent contractor>.

If you find that there was a contract and that it was a contract for services that <insert name of

contracting party> had a duty to perform under the circumstances, then you must go on to

evaluate whether <insert name of independent contractor> used reasonable care in performing

its duty in place of <insert name of contracting party>. If you find that <insert name of

independent contractor> used reasonable care under the circumstances, then you must return a

verdict for <insert name of independent contractor>. If you find that <insert name of

independent contractor> did not use reasonable care under the circumstances, you must go on to

evaluate whether that failure to use reasonable care was a proximate cause of the plaintiff’s

injuries.

Only if you find all of the following is <insert name of independent contractor> liable to the

plaintiff:

1) that <insert name of contracting party> controlled the premises;

2) that <insert name of independent contractor> had a contract with <insert name

of contracting party> to perform certain services that <insert name of

contracting party> would have had a duty to perform under the circumstances;

3) that <insert name of independent contractor> failed to use reasonable care

to perform those services; and

4) that the failure of <insert name of independent contractor> to use reasonable

care was a proximate cause of injuries to the plaintiff.

If any one of these elements has not been proved, you must find in favor of <insert name of

independent contractor> and against the plaintiff on this count. If all of these elements have been

proved, however, such that your finding is that <insert name of independent contractor> is liable

to the plaintiff, that would also mean that you have found that <insert name of contracting party>

is liable to the plaintiff, since <insert name of contracting party> hired <insert name of

independent contractor>.