...implicitly adopted Restatement (Second) of Torts section 411, however ruled no duty extends to employees of the subcontractor. Jones now appeals. II...2008). III. Restatement (Second) of Torts section 411. Jones argues the district court erred in dismissing... claim was authorized under Restatement (Second) of Torts section 411 (1965). That section states as follows: An employer is subject to liability for physical...

...negligent hiring theory set forth in [the Restatement Second of Torts,] section 411. Under section 411, a hirer is liable for physical harm to third persons caused by the hirer's failure to exercise...judgment motion, but we reversed, rejecting application in this context of the peculiar risk doctrine found in the Restatement Second of Torts, section 416. As we explained: "At common law, a person...under Restatement Second of Torts, section 413, which provides that a person who hires an independent contractor to do inherently dangerous work, but who fails to provide in the contract or in some...

...protection of Restatement (Second) of Torts section 411 (1965) that makes employers liable for harm to third persons when the employer fails to exercise reasonable care in employing a contractor...was that BCSD was negligent in hiring Iowa Direct, and that Iowa Direct was negligent in hiring Riser, and he can therefore recover based on section 411 of the Restatement (Second) of Torts. Restatement...Jones, precluding Kelly from recovering under Restatement (Second) of Torts section 411 for negligent hiring. We therefore affirm on all grounds. AFFIRMED. -------- Notes: ...

.... Hallmark challenges another theory of tort recovery which was submitted for jury consideration. Restatement (Second) of Torts section 411 (1965) provides...the pool was "substantially changed in condition" after it left its hands. Hallmark cites Restatement (Second) of Torts section 402A (1965), which we adopted in.... S.A. Allen, Inc., 355 So.2d 77 (Miss. 1978) (defendant liable where its product, which could only be used in conjunction with another, was defective); Restatement (Second) of Torts § 402A...

...Direct and BCSD: the district court erred in excluding Kelly from the protection of Restatement (Second) of Torts section 411 (1965) that makes employers liable for harm to third persons when the...in hiring Riser, and he can therefore recover based on section 411 of the Restatement (Second) of Torts. Restatement...district court was also correct in applying Jones, precluding Kelly from recovering under Restatement (Second) of Torts section 411 for negligent hiring. We therefore affirm on all grounds. AFFIRMED. ...

...case on a Restatement (Second) of Torts § 411 (1965) (Section 411) theory, (2) giving deficient jury instructions, and (3) denying its motion for a new trial. We conclude that the district court did not...Plaintiffs based on the Hospital's liability pursuant to Section 411. The Hospital now appeals a second time. RESTATEMENT (SECOND) OF TORTS SECTION...} With this opinion, we expressly adopt Section 411 of the Restatement (Second) of Torts as the law of New Mexico. We further conclude that the evidence presented at the second trial in this case was...

...-screen the employees of the independent contractor. In Landus's view, the Restatement (Second) of Torts section 411 (Am. Law Inst. 1965)—as adopted by this court in Jones v. Schneider...[Restatement (Second) of Torts section 411] and the successor provision in [Restatement (Third) of Torts: Liability for Physical and Emotional Harm section 55 (Am. Law Inst. 2012)]." Although the district...applied where no good reason is found for departing from it. Restatement (Second) of Torts § 409 cmt. b. Section 411 ("Negligence in Selection of Contractor") provides one...

...selecting the contractor. Id. The Restatement (Second) of Torts Section 411 (1965) states that an employer is subject to liability for physical harm to third persons caused by...(Second) of Agency Section 220(2) (1958) as follows: (a) the extent of control which, by the agreement, the master may exercise over the details of the work...notice. An important part of the Agreement at issue in this case is the "Assignment by Carrier" section. It states that the carriers have "the right to sell and assign all or any...

...of an independent contractor from bringing a negligent hiring action against the hirer of the contractor, as set forth in the Restatement Second of Torts, section 411. Section...the Restatement Second of Torts, section 411 is foreclosed by Camargo v. Tjaarda Dairy, supra, 25 Cal.4th 1235...found that it barred recovery only in cases brought under the peculiar risk theory embodied in the Restatement Second of Torts, section 416. Other appellate courts held that it also applied to the theory...

...contractor is derived from basic negligence principles. The Restatement (Second) of Torts Section 411 (1965) states: An employer is subject to...work which he is employed to do without creating unreasonable risk of injury to others." Comment b to Section 411 further explains: The employer of a... , 291, 625 A.2d 458 (1993) ("Generally . . . the principal is not vicariously liable for the torts of the independent contractor if the...

...to fertilizer salesmen. The plaintiffs argue that this instruction is appropriate under Restatement (Second) of Torts Section 411 (1986). That section states "Section 411...duty which the employer owes to third persons." We adopt the limitation of Section 411 which provides that liability is limited to physical harm. The jury instruction here did not.... No. 87-70. Supreme Court of Montana. Submitted November 5, 1987. Decided January 6, 1988. As corrected on Denial...

...].) This is a step beyond the area covered by Restatement Second of Torts section 411: "An employer is subject to liability for physeical harm to third.... Court of Appeal of California, Second District, Division Five. June 13, 1968...(hereafter Coleman) with a safe place to work and with safe implements and equipment with which to work. (2) Damages from Stark alone under section 3706 of the Labor Code for failing to secure payment of...

...on hiring of independent contractors. First, citing Restatement (Second) of Torts Section 411 (1965) (Section 411), Plaintiffs argue that Energen had a duty to employ a competent and careful...duty under Section 411. We explain. {13} In Montanez, our Supreme Court considered whether Sections 413, 416, and 427 of the Restatement (Second) of Torts (1965) applied to employees of...Tafoya. IV. Energen Did Not Owe Decedent a Duty Under Restatement (Second) of Torts Section 414 (1965) {20} Plaintiffs additionally...

... Under the Restatement (Second) of Torts, section 411 ("Section 411"): An employer is subject to liability for physical harm to third persons caused by..., 25 V.I. 20, (V.I. Terr. Ct. 1990) (holding that the employer of an independent contractor could not be held liable under Section 411 for injuries caused when the contractor, who was uninsured, got in an accident while hauling asphalt in his truck, since "[the employer], could not have foreseen the risk involved in having an uninsured contractor traveling the public highways"). 2. Negligence in Exercising Retained Control Section 414 of the Restatement (Second) of Torts ("Section...whether Boone was an independent contractor or an employee of Padgett and Wingmark. Section 220(2) of the Restatement (Second) of Agency ("Section 220") provides...

...." ( Toland, 18 Cal.4th at p. 267.) In Camargo, the court extended Privette to bar recovery for negligent hiring under Restatement Second of Torts section 411 under the same...under the theory of peculiar risk set forth in Restatement Second of Torts section 416 or section 413: "In either situation, it would be unfair to impose liability on the hiring person when the liability...the peculiar risk doctrine for the hirer's liability under both sections 413 and 416 of the Restatement Second of Torts...

...court's dismissal of a negligent hiring claim against Jerry's Homes, for its selection of Johnson as the framing subcontractor. Piper argues such claim was authorized under Restatement (Second) Torts section 411 (1965). The district court correctly granted Jerry's Homes's summary judgment motion if no genuine issue of material...of action under Restatement (Second) of Torts section 411. That section, which has yet to be adopted in Iowa, subjects an employer to liability for physical harm to a third person that results from the.... . . ." Restatement (Second) of Torts § 411. Piper urges us to adopt section 411. However, under the facts of this case, we find it unnecessary to...

...marks omitted). The district court then applied section 411 of the Restatement (Second) of Torts' (section 411) articulation of a claim of negligent selection of an.... Id. at 304. On this issue, our precedent-specifically, our recognition of analogous claims-is instructive. As the district court observed, section 411 of the Restatement (Second) of Torts recognizes...., 330 N.W.2d 428, 438-39 (Minn. 1983) (adopting the tort of intentional infliction of emotional distress as formulated by the Restatement (Second) of Torts § 46(1) (1965)). That the Restatement recognizes this cause of action under certain circumstances supports the conclusion that this right is well-established in the common law. And that we have specifically referenced section 411 to...

...third persons. Restatement (Second) of Torts § 411 (1965) (emphasis added). The theory dismissed in Camargo was that the hirer negligently hired the contractor. Camargo, 25 Cal. 4th at 1238. The language of section 411...Second of Torts, section 411: An employer is subject to liability for physical harm to third persons caused by his failure to exercise reasonable care to...pursuant to this section." Cal. Welf. & Inst. Code § 827(a)(4). Additionally, "a juvenile case file, any portion thereof, and information relating to the content of the juvenile case...

...(Second) of Torts § 411 {7} Throughout the proceedings below, Plaintiffs based their claims against the Hospital on the Restatement (Second) of Torts § 411 (1965) (Section 411). Section 411...b to Section 411 of the Restatement (Second) of Torts specifically provides: The employer of a negligently selected contractor is subject to liability...applicability of Section 411 in light of the particular facts and circumstances of this case. We limit our discussion accordingly. See In re Doe, 98 N.M. 540, 541...

.... ¶ 28 Here, plaintiff has alleged three theories under which he claims defendant owed him a duty of reasonable care. Although plaintiff did not specifically cite to the Restatement (Second) of Torts in his complaint, defendant does not dispute that plaintiff has effectively invoked three sections of the Restatement: section 414 ("Negligence in Exercising Control Retained by Employer"); section 411 ("Negligence...Selection of Contractor"); and section 343 ("Dangerous Conditions Known to or Discoverable by Possessor"). Restatement (Second) of Torts §¶ 343, 411, 414 (1965). We consider each in turn. ¶ 29 Section 414.... 2d at 23. As defendant here notes, not one of the illustrations to section 411 involves a plaintiff who was an employee of the negligently hired contractor, or an employee of a subcontractor. Restatement (Second) of Torts § 411...