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Negligence › Independent Contractors

Stark & Stark

Workplace Liability When a Third Party is Negligent

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When an individual suffers a work-related injury in the State of New Jersey, their employer (if the employer is self-insured), or the employer’s workers’ compensation insurance carrier is legally obligated to provide three...more

Littler

Minnesota Now Recognizes Claims for Negligent Selection of Independent Contractors

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Companies in Minnesota that work with independent contractors should be aware of a new legal risk.  In Alonzo v. Menholt, the Minnesota Supreme Court recognized a claim for the negligent selection of an independent...more

Maison Law

California Uber Accidents and Personal Injury Claims

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Uber is a California-born taxi service that relies upon apps on tablets, smartphones, and computers. Requests for service come with a few finger taps rather than hailing for cabs or competing with other taxi riders for...more

Perkins Coie

Expansion of Hospital Tort Liability in Washington

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The Washington State Supreme Court significantly expanded the scope of potential hospital tort liability for the allegedly negligent actions of nonemployee, independently contracted emergency room service physicians, and...more

Parker Poe Adams & Bernstein LLP

The Latest Major Developments in NC and SC Business Litigation

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Employers in South Carolina faced with litigation might have an easier time winning motions for summary judgment, noncompete agreements remain in the crosshairs, and the North Carolina Supreme Court offered some rare how-to...more

Saiber LLC

The Saiber Construction Law Column: February 2024

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In the April 2023 OnSite issue, the Saiber Construction Law Column discussed a 2022 case in which the Supreme Court of Maryland held that a party who hires an independent contractor is generally not liable to an employee of...more

Marshall Dennehey

Federal Court Dismisses Wrongful Death Action Against an Online Food Delivery Platform

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DeRose for Estate of DeRose v. DoorDash, Inc., 2023 WL 3840655 (E.D.N.C. Jun. 1, 2023) - The parents of a pedestrian brought an action for wrongful death and negligent infliction of emotional distress against DoorDash,...more

Saiber LLC

The Saiber Construction Law Column: April 2023

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Under New Jersey law, parties who hire independent contractor are not responsible for harm that occurs to the contractor’s employees as a result of the very work that the employee was hired to perform. In September 2022, the...more

White and Williams LLP

Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case

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In Allstate Veh. & Prop. Ins. Co. v. Glitz Constr. Corp., 2023 N.Y. App. Div. LEXIS 1180, 2023 NY Slip Op 01171, the Supreme Court of New York, Appellate Division, Second Department (Appellate Court), considered whether a...more

DarrowEverett LLP

Protect Ya Neck: The Wu-Tang Clan, Independent Contractors and the Potential Expansion of Negligent Hiring Claims

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Instead of toiling over a 130-page private placement memorandum as an attorney or reviewing payroll as the head of the family business, imagine for a moment that you are Method Man, the de-facto lyrical leader of the Wu-Tang...more

Goldberg Segalla

Summary Judgment Granted as Premises Owner Did Not Owe a Duty to Independent Contractor’s Employee

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U.S. District Court for the Western District of Pennsylvania, February 15, 2022 - In this asbestos action, Carl Gay alleged that he developed mesothelioma after a forty-year career. From 1974 until 1976, Gay worked as a...more

Console and Associates, P.C.

The Most Wonderful Time of the Year? Not for Gig Economy Delivery Drivers

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These days, gig economy drivers play a big part in making the holidays happen, delivering packages containing holiday decor, presents ordered online, and even catered meals for parties....more

Console and Associates, P.C.

Reports of Amazon Drivers Engaging in Dangerous Behavior Behind the Wheel

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Online retailer Amazon.com grew into a household name over the past several decades due largely to the company’s ability to deliver packages to customers within days—sometimes hours. However, recently, there have been reports...more

Ward and Smith, P.A.

North Carolina Trucking Accident Law

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Tractor trailers and other large commercial vehicles travel the highways and our local roads daily to deliver consumer goods around the country. With so many trucks, including 18-wheelers, semis, flatbeds, dump trucks, and...more

Porter Hedges LLP

The Texas Supreme Court Clarifies The Scope Of The General Contractor’s Duty Of Care To Subcontractor Employees

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In a recent case, the Texas Supreme Court addressed the scope of the general contractor’s duty of care to its subcontractors’ employees on the project site. In JLB Builders, L.L.C. v. Hernandez, the Court upheld the trial...more

Proskauer - California Employment Law

Hirer Of Independent Contractor Was Not Liable For Death Of Latter’s Employee

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Horne v. Ahern Rentals, Inc., 50 Cal. App. 5th 192 (2020) - The surviving heirs of Ruben Dickerson sued Ahern Rentals, a company that leases forklifts and other heavy-duty construction vehicles to its customers....more

Lathrop GPM

Minnesota Supreme Court Holds That a Hospital May Be Held Liable for Negligence of Its Independent Contractors

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On July 29, 2020, in Popovich v. Allina Health, the Minnesota Supreme Court held that a hospital may be held vicariously liable for the negligence of independent contractors, thus reversing a rule that had been in place for...more

Nilan Johnson Lewis PA

New Liability for Minnesota Hospitals: Independent Contractors and Apparent Authority

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On July 29, 2020, the Minnesota Supreme Court issued an opinion* that reverses the long-held common-law understanding in Minnesota that hospitals are not liable for the actions of their physician independent contractors. ...more

Parker Poe Adams & Bernstein LLP

N.C. Appeals Court Rejects Worker's Claim of Liability Against Trump Campaign

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In a highly publicized incident during the 2016 presidential election, a Trump campaign staff worker claimed that the North Carolina campaign director threatened him with a pistol on the way to a campaign event. The worker...more

Haight Brown & Bonesteel LLP

Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the...

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The Court of Appeal of the State of California – Second Appellate District in Khosh v. Staples Construction Company, Inc. (10/26/16 – Case No. B268937) affirmed the trial court’s granting of summary judgment in favor of the...more

Snell & Wilmer

Arizona Court Clarifies Premise Liability

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In a recent Arizona Court of Appeals case, the court clarified the rules for liability of a property owner to a person injured on the premises. In Lee v. M & H Enterprises, Inc. and Wal-Mart Stores, Inc. (filed April 21,...more

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