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)
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