In a recent opinion, a state appellate court discussed whether a casino could be held liable for injuries sustained by an independent contractor when while crossing a small gap between the casino’s main building and a stationary gaming boat. The case presents an interesting issue that frequently arises in New Mexico personal injury cases involving the negligence of a party that was acting as an independent contractor.
The General Rule Involving Independent Contractors
In general, companies that retain the services of an independent contractor are not liable for the contractor’s actions. However, there are exceptions when a company can be liable either to a contractor or for a contractor’s negligent actions.
The Facts of the Case
The plaintiff was employed as a maintenance worker for a company that was contracted to clean the ducts for the defendant casino. The ducts were accessible from the roof of the casino. However, the casino consisted of a main building as well as a floating casino vessel where patrons could gamble. These two structures were not connected in any way, and they were separated by a gap of two or three feet.