As a general rule in New Mexico personal injury cases, while an employer may be held liable for the negligent acts of an employee in some circumstances, companies are not normally responsible for the negligent acts of independent contractors they hire to perform work. However, there are certain exceptions to this, including when the task assigned to the contract involves a non-delegable duty.
A non-delegable duty is one which a party cannot delegate to another party. For example, in a recent premises liability case, a grocery store was held liable for the negligence of an independent contractor who was paid to clean up the store after hours.
The Facts of the Case
The plaintiff was shopping at the defendant grocery store when she slipped on a puddle of soapy water. Evidently, the man responsible for mopping the aisles the night before forgot to clean up the puddle of water.