“Plaintiff claims that even if Independent Contractor was not an employee, Defendant is responsible for Independent Contractor’s conduct because the work involved a special risk of harm. A special risk of harm is a recognizable danger that arises out of the nature of the work or the place where it is done and requires specific safety measures appropriate to the danger. A special risk of harm may also arise out of a planned but unsafe method of doing the work. A special risk of harm does not include a risk that is unusual, abnormal, or not related to the normal or expected risks associated with the work. To establish this claim, Plaintiff must prove each of the following: 1. That the work was likely to involve a special risk of harm to others; 2. That Defendant knew or should have known that the work was likely to involve this risk; 3. That Independent Contractor failed to use reasonable care to take specific safety measures appropriate to the danger to avoid this risk; and 4. That Independent Contractor’s failure was a cause of harm to Plaintiff. [In deciding whether Defendant should have known the risk, you should consider her knowledge and experience in the field of work to be done.]”
[CACI Jury Instructions [citations omitted]]
