Jon Hansen of Monaco Cooper Lamme & Carr, PLLC recently prevailed on motion in a retail liability case in New York County Supreme Court.
Mr. Hansen obtained summary judgment on behalf of our client, a retail pharmaceutical store. In this case, the plaintiff was allegedly injured when a shoplifter ran out of the store and was tripped by a security guard who was stationed at the front of the store. The shoplifter then fell onto the plaintiff who was walking by on the sidewalk. The security guard was not employed by the store but rather by a security company which had a service contract with the store.
The question in this case is whether a store is legally responsible for the alleged negligent actions of a contract worker on its premises who was employed by a separate company. Typically, a business is liable for the actions of its employees if those actions occurred during the course of employment. This concept is known as “vicarious liability”.
After the close of discovery, Mr. Hansen moved the Court for summary judgment on the basis that the store could not be vicariously liable for the alleged negligent actions of the security guard. He argued that, even though the store was involved in deciding when the guards worked and where they were stationed within the store, because the security company was ultimately responsible for the hiring and training of the guards, the store could not be held vicariously liable for the actions of the guard, a non-employee.
After hearing the motion, and plaintiff’s opposition, the court granted Mr. Hansen’s motion and dismissed the Complaint against MCLC’s client. In so holding, the court noted that because the store exercised nothing more than general supervisory control over the guard, there was no basis for imposing liability against MCLC’s client.
About Jonathan E. Hansen
Jon Hansen litigates personal and premises liability, construction and labor law, hospitality and retail liability, insurance defense, professional liability, and trucking and transportation law for the Firm’s individual, business, and professional clients. He is a named SuperLawyers in the areas of general litigation, personal injury, and appellate law. Jon can be reached at (518) 675-7746 and at jhansen@mclclaw.com
About Monaco Cooper Lamme & Carr, PLLC
MCLC is a law firm dedicated to providing exceptional legal services and unparalleled value while building rewarding and lasting relationships with our clients. Our team includes seasoned trial and transactional attorneys who are nationally recognized industry and legal authorities in a wide range of practices and are supported by a remarkable professional support staff. For more information on our firm, visit mclclaw.com or contact our Marketing Director, Stacy A. Smith at ssmith@mclclaw.com.