The hospital has outsourced housekeeping services to an independent contractor. A patient who was injured in a fall on wet flooring brings suit against the company. Does the hospital also hold liability?

Question

Quizplus · Accepted Answer

Rationale 1: Borrowed servant occurs when a person, while under contract to one entity, is "loaned" to another entity that will direct and supervise the details of the person's work.
Rationale 2: Respondeat superior is the common law principle of substituted liability based on a master-servant relationship.
Rationale 3: A dual servant is one who can be shown to serve both entities at the same time.
Rationale 4: Ostensible authority is an application of agency law that allows a principal to be liable for acts and omissions by independent contractors working within the principal's place of business or at the direction of the principal, and a third party misinterprets the relationship as employer-employee.

The Hospital Has Outsourced Housekeeping Services to an Independent Contractor