A homeowner hired a professional tree-trimming service to cut down a large tree on her property. While performing the work, an employee of the tree-trimming service negligently caused a heavy branch to fall onto a neighbor's car, causing significant damage. The neighbor files a lawsuit against the homeowner, claiming she is liable for the actions of the tree-trimming service's employee. Under what circumstances might the homeowner be held liable for the damage caused by the employee?
If removing the tree is considered an activity requiring the homeowner to take precautions due to the significant risks involved.
If the homeowner failed to anticipate the risks of property damage to the neighbor’s vehicle during the tree-cutting process.
If the homeowner was not directly involved in supervising the contractor's employees and left the execution of the work to the service.
If the homeowner provided guidance to the contractor on general safety practices for performing the work.
The correct answer is based on the doctrine of nondelegable duties, which applies to activities that carry inherent risks of harm to others or their property. Removing a large tree is an activity that often involves significant risks, placing a duty on the homeowner to ensure proper safety measures are in place, even when the task is delegated to an independent contractor. The other answer options are incorrect because they fail to address the homeowner's potential obligation under nondelegable duties: simply refraining from supervision (Option 1), giving general safety guidelines (Option 2), or failing to anticipate dangers (Option 3) would not shield the homeowner from liability for an inherently risky activity.
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