The common thread that ties together the instructions contained in this section is that liability is predicated upon intentional, rather than negligent conduct. Meet with a Brueckner Spitler Shelts attorney to learn how we can help with your legal needs.In completing the form below we will get back with you shortly. These instructions are intended to apply to cases involving fiduciary duties. It can be a personal injury committed on a person. A violation of the covenant could subject the employer to tort liability. 13.1 Scope of This Chapter. Premises liability is an action in tort and, with a few exceptions, is generally based upon allegations of negligence. This case deals with exceptions to the general rule that an employer of an independent contractor is not liable for the latter's negligence. In such cases, a judgment in favor of the employee will relieve the employer of any liability.