Del. P.J.I. Civ. § 18.7

NON-DELEGABLE DUTIES OF EMPLOYER OF

INDEPENDENT CONTRACTOR OR AGENT

If the work that an [independent contractor / agent] is hired to do is inherently

dangerous to [the public / employees of the independent contractor or agent], and

if the employer knew or had reason to know about this unusual danger, regardless of

safety measures taken, then the employer of the [independent contractor / agent]

may be subject to liability for physical harm caused by [independent contractor /

agent]’s failure to take reasonable precautions against this danger or to give an

adequate warning of the danger. Even if the employer has provided for precautions

within the contract or by some other means, the employer remains subject to liability

for any physical harm caused by the failure of the [independent contractor / agent]

to exercise reasonable care to avoid the harm.

{If applicable}: The employer will not be liable, however, for an injury caused by

[independent contractor / agent] who has created a new risk not inherent in the work

or contemplated by the employer.

For [employer’s name] to be liable for [plaintiff’s name] injuries, you must

find that [independent contractor / agent’s name] negligently caused [plaintiff’s

name]’s injury and that [describe work done] was inherently dangerous.