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HARPOLE v. STATE5/19/1998
te. As a general rule, one who hires an independent contractor is not liable for injuries to employees of the independent contractor. The Restatement provides three exceptions to the general rule.
First, under § 414 of the Restatement, "one who entrusts work to an independent contractor, but who retains control of any part of the work, is subject to liability for physical harm to others for whose safety the employer owes a duty to exercise reasonable care." THE RESTATEMENT (SECOND) OF TORTS § 414. Second, under § 416 of the Restatement, "one who employs an independent contractor to do work which the employer should recognize as likely to create a. . . peculiar risk of physical harm to others. . . is subject to liability for physical harm caused to them." Id. § 416. Finally, under § 427 of the Restatement, "one who employs an independent contractor to do work involving a special danger to others. . . is subject to liability for physical harm caused to such others." Id. § 427. Under each of these exceptions, liability is only imposed upon an employer of an independent contractor. Since the State did not employ Potlatch as an independent contractor, it would not be liable under any theory in the Restatement. The State sold timber to Potlatch under certain conditions. It did not employ Potlatch. It is not liable under any of the theories advanced by Harpole and, therefore, it is not necessary to address the State's claim of immunity.
V.
CONCLUSION
The decision of the district court granting summary judgment to the State is affirmed. The State is awarded costs. No attorney fees are awarded.
TROUT, C.J., and SILAK and WALTERS, JJ., Concur.
I respectfully dissent. In my view, the definition of employer contained in I.C. § 72-102(12) is applicable, and there is a genuine issue of material fact concerning whether the State was the virtual proprietor or operator
of the timber harvesting business at the Breakfast Bowl when Harpole was injured.
It appears to me that the Industrial Commission (the Commission) adopted the Idaho Minimum Safety Standards and Practices for Logging (the Standards) pursuant to I.C. §§ 72-720 through 72-723, portions of the workers' compensation law. Therefore, I conclude that the definition of employer contained in I.C. § 72-102(12) should also apply.
The State owned the Breakfast Bowl and could have harvested the timber itself. Instead, it contracted with Potlatch to do so and required Potlatch to remove the timber using the very method that led to Harpole's injury . Liberally construing the facts and drawing all reasonable inferences in Harpole's favor, I would conclude that there was a genuine issue of material fact concerning whether the work being done pertained to the business of the State of harvesting the timber.
JOHNSON, Justice, dissenting.
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