What is a nondelegable duty and how does it affect my case?

A nondelegable duty is a legal obligation that cannot be transferred to another party — even by hiring an independent contractor. When someone with a nondelegable duty delegates the work and the contractor causes harm, the original party remains liable.

Common nondelegable duties in California include a property owner’s duty to maintain safe premises, a hospital’s duty to provide competent medical care, a general contractor’s responsibility for worksite safety, and a landlord’s obligation to maintain habitable conditions.

This legal doctrine is important because it prevents companies and property owners from avoiding liability simply by outsourcing dangerous work.