Wood v. Safeway, Inc.
121 P.3d 1026 | Nevada Supreme Court | 2005
What This Case Means for Subcontractors
A Safeway employee was sexually assaulted by a janitorial contractor's employee. The court ruled that Safeway was immune from liability under workers' compensation law because the assault arose out of employment. The court also ruled that the janitorial contractor was not liable for its employee's criminal acts. For construction subcontractors, this means your employer may not be liable for intentional crimes committed by your workers, even on the job site.
Key Takeaways
- •Employers and contractors are generally protected from liability for employees' unforeseeable intentional criminal acts, even if they occur at work
- •Workers' compensation coverage may be the only remedy available to injured employees when assault or criminal acts occur during employment
- •Subcontractors should ensure proper background checks, training, and supervision policies to reduce risk and demonstrate reasonable care
Employment contributed to and increased risk of assault beyond general public.
Frequently Asked Question
Can my subcontracting company be sued if one of my employees commits a crime on a job site?
Generally, no. Courts typically protect employers and contractors from liability for unforeseeable intentional criminal acts committed by employees, even at work. The injured party's main remedy is usually workers' compensation. However, you should still maintain strong hiring practices, background checks, and supervision to minimize risk and show you acted responsibly.
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