Under these facts, the city of Kensington, as the employer of an independent contractor, is not liable for injuries caused by any negligence of an independent contractor. Expert witness testimony is necessary to show that an independent contractor hired to brush blast and paint a city’s water tower should have used different materials or a protective curtain to protect an adjacent landowner from injury. The standard of care for that work is outside the ordinary experience and common knowledge of a juror.
Source: Kansas Court of Appeals
