Is an employer held liable for defamatory statements made by an independent contractor?

The answer to the question of whether or not an employer is held liable for defamatory statements made by an independent contractor depends on the specific situation. In South Dakota, the courts have ruled that an employer could be liable for either slander or libel (defamatory statements) that are made by an independent contractor if the employer had control over the contractor’s job or the content of the contractor’s statements. The employer will be liable if they were aware of the defamatory statements being made, and they had the authority to stop it, but failed to do so. This means that an employer should not turn a blind eye to what the contractor is saying, as they can still be held accountable. On the other hand, if the employer exercised no control over the contractor and the contractor was completely independent, the employer will not be liable for any defamatory statements. In this case, the contractor is solely responsible for their statements, and the employer cannot be held liable. In conclusion, whether or not an employer is held liable for defamatory statements made by an independent contractor depends on the specific situation. The courts will look at the employer’s degree of control over the contractor’s job and the content of their statements when making their ruling.

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Is an employer held liable for defamatory statements made by an independent contractor?

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