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Bowman and Brooke

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On July 10, 2024, the Minnesota Supreme Court joined the ranks of approximately 34 other states. Minnesota now recognizes a common law cause of action for the tort of Negligent Selection of an Independent Contractor. Companies that rely on independent contractors to assist them in their work are now exposed to additional liability. In the Alonzo v. Menholt case, the issues before the Supreme Court were: (1) whether the tort of negligent selection of an independent contractor should be recognized in Minnesota, and (2) whether a company that retained an independent contractor whose driver caused personal injuries to a third-party while transporting its products should be held directly liable for those injuries. The Court recognized the new cause of action but was evenly split on liability. The Court cautioned, however, that whether liability can be established is “fact-dependent” and “turns on the circumstances of each individual case.” This creates potential liability for companies relying on independent contractors. Exposure to such liability shifts depending on the circumstances of each case. Continue reading this Legal Alert, co-authored by Minneapolis Co-Managing Partner CJ Schoenwetter and Minneapolis Associate Thomas Johnson, here: https://bit.ly/3zAmiTn #LegalNews #LegalAlert #MNSupremeCourt #ProductDefense #ProductLiability #Law #LawFirm

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