HARRISBURG (August 10, 2015) – Late last week, the National Federation of Independent Business (NFIB) Small Business Legal Center filed an amicus brief in a case that would significantly broaden when small businesses could be held liable for the conduct of an independent contractor diminishing much of the benefits of hiring independent contractors.

“For a century Pennsylvania law has allowed businesses to hire independent contractors for their expertise and remain insulated from liability for injuries to the contractor’s employees,” said Executive Director of NFIB’s Small Business Legal Center, Karen Harned. “Any court decision that etches away at that protection will result in fewer small businesses being hired to perform work. That would hurt jobs, business ownership and the overall Pennsylvania economy.”

At issue in the case of Nertavich vs. PPL Electric Utilities is whether property owners can be held responsible for injuries suffered by independent contractors’ employees on a job site. An employee of an independent contractor fell 40 feet while painting an electricity pole owned by PPL Utilities Company.  The painter leaned back to paint a hard to reach section of the pole and his lanyard was unhinged from the ladder causing him to fall.
The employee sued PPL on the basis that the company was negligible for not equipping their pole with the proper securing measures for removable ladders.  A Pennsylvania Superior Court ruled that PPL was not liable for the employees fall.

The Pennsylvania Supreme Court has now agreed to review the Superior Court’s ruling and NFIB is asking that they uphold the lower court’s decision.

“NFIB has filed this brief with the Pennsylvania Supreme Court because businesses must feel confident they will not be sued for something they have no control over when they hire other companies to do work,” Harned continued “Small businesses need those business contracts to survive and keep their workers employed.”

The brief was filed by NFIB and the U.S. Chamber of Commerce in Pennsylvania’s Supreme Court on Friday.