Majestic Realty Associates, Inc. v. Toti Contracting Co.
Supreme Court of New Jersey
153 A.2d 321 (1959)
The Parking Authority of Paterson (defendant) hired Toti Contracting (defendant) to demolish structures near Majestic Realty's (plaintiff) building, and a Toti employee's negligence during that demolition severely damaged Majestic's property; experts confirmed building demolition is inherently hazardous work and that Toti's failure to follow safe procedures caused the damage. The trial court found the demolition hazardous but not a nuisance per se, and since the Authority had no control over Toti's independent contracting work, ruled the Authority couldn't be held liable for Toti's negligence; the Appellate Division reversed, finding the Authority liable.
Whether a landowner is liable for the negligence of an independent contractor hired to perform work creating a severe risk of harm to others, even without control over the contractor's work.