If your company franchises operations in Minnesota, you probably aren’t responsible if a franchisee’s employees are injured—even if you conduct an annual safety inspection.
Recent case: Derek Schreyer was hurt while retreading a tire at work. An air compressor system failed, causing the tire to explode.
He got workers’ , but also sued the franchiser for negligence. Schreyer alleged that, because the franchiser did an annual safety inspection, it was responsible for any injuries to employees of its independent-contractor franchisees.
The court disagreed, deciding it takes far more control than that to create a legal duty to protect the contractor’s employees from harm.
Plus, requiring an annual inspection isn’t the same as assuming responsibility for a facility throughout the year. (Schreyer v. Bandag, No. 08-1123. 8th Cir., 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- What's the law on granting time off for workers who want to attend kids' school activities?
- Do you use subcontractors? Get solid advice on liability potential
- All the benefits of vacation, none of the sun and sand
- Watch those pension funds--or watch the feds swoop in