“Defendant has a duty that cannot be delegated to another person arising from []. Under this duty, []. Plaintiff claims that he was harmed by the conduct of Independent Contractor and that Defendant is responsible for this harm. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant hired Independent Contractor to [e.g., repair the roof]; 2. That Independent Contractor [wrongful conduct in breach of duty]; 3. That Plaintiff was harmed; and 4. That Independent Contractor’s conduct was a substantial factor in causing Plaintiff’s harm.”
[CACI Jury Instructions [citations omitted]]
