Minnesota Supreme Court creates cause of action for negligence

On July 10, 2024, the Minnesota Supreme Court recognized in its decision in Alonzo v. Menholt Farms, Inc..

The case arose from an accident during the 2018 sugar beet harvest. An employee employed by Braaten Farms and contractually obligated to drive for defendant Menholt crossed the center line and collided with another driver, who was injured. The employee had committed several traffic-related offenses and his driver’s license was suspended. Braaten did not conduct any kind of background check on the employee before hiring him and using him as a driver for Menholt, nor did Braaten conduct any kind of background check on the drivers used by Braaten.

The issue on appeal was the existence of a cause of action for negligent hiring of a contractor. The court recognized the new tort, finding that the tort sought to hold Menholt liable for his own negligence and that such a claim was “a natural extension of well-established tort principles.”

Explaining the details of the new claim, the court explained that (1) “a plaintiff must show that the principal breached its duty of reasonable care in selecting a competent and diligent contractor and (2) that this breach of duty caused the plaintiff’s physical injury.” The court added that “the degree of care required depends on the circumstances.”

Minnesota businesses that use independent contractors should seek advice from a consultant to ensure they have been careful in selecting those contractors. The greater the risk of injury in the contractor’s work, the more careful the screening must be.