Cited by
Opinions in Minnesota that cite Sutherland v. Barton, 570 N.W.2d 1.
-
Doe A.S., Appellant,
Minn. Ct. App. 2026
-5 (Minn. 1997) (discussing the difference between “direct liability” and “vicarious liability” in the context of a negligence claim).
-
Jacob Pries, Appellant,
Minn. Ct. App. 2025
Although the supreme court has in only limited circumstances held “a hiring company liable for injuries to an independent contractor’s employees,” the hiring company, as a landowner, has a duty to use reasonable care toward an entrant and may be directly liable for breaching that duty , –02 (Minn. 1981).
- James R. Martin, Patrick S. Martin v. Mid-America Festivals Corporation Minn. Ct. App. 2023
-
James R. Martin, Patrick S. Martin v. Mid-America Festivals Corporation
Minn. Ct. App. 2023
“Landowners have a 6 duty ‘to use reasonable care for the safety of all such persons invited upon the premises.’” ().
-
Ana Thompson, Appellant,
Minn. Ct. App. 2023
the advantages of doing so would outweigh the apparent risk.” (quotation omitted).
-
Vickie M. Jones, Respondent,
Minn. Ct. App. 2021
v. Brown, d 1 Jones also argues that the district court erred by permitting Smilanich’s expert witness to testify.
- O'Brien & Wolf, LLP v. S. Cent. Minn. Elec. Workers' Family Health Plan 923 N.W.2d 310 Minn. Ct. App. 2018
-
O'Brien & Wolf, LLP v. S. Cent. Minn. Elec. Workers' Family Health Plan
923 N.W.2d 310
Minn. Ct. App. 2018
See Sutherland v. Barton , , 5 (Minn. 1997) (stating that an individual is directly liable for breaching a duty to another through his own negligent act).
- Senogles v. Carlson 902 N.W.2d 38 Minn. 2017
-
Senogles v. Carlson
902 N.W.2d 38
Minn. 2017
-8 (Minn. 1997) (emphasizing the injured party’s undisputed "expertise as an electrician” to deny liability for the “known and obvious danger” of live electrical wires); Baber, d at 496 (denying liability for "known and obvious conditions” because the injured ■ party undisputedly helped construfct the dange
- Scott B. Lindholm v. Carleton College, and third party v. Metropolitan Mechanical Contractors, third-party Minn. Ct. App. 2016
-
Scott B. Lindholm v. Carleton College, and third party v. Metropolitan Mechanical Contractors, third-party
Minn. Ct. App. 2016
The rule that Carleton is not liable for known or obvious dangerous conditions does not apply if Carleton “should have anticipated the harm despite its known or obvious nature.” Minn. (1997); Restatement (Second) of Torts § 343A cmt.
- Jessica Mattson v. City of Rushford, Minnowa Construction, Inc., State of Minnesota Department of Transportation, Edwards and Kelcey, … Minn. Ct. App. 2016
- Jessica Mattson v. City of Rushford, Minnowa Construction, Inc., State of Minnesota Department of Transportation, Edwards and Kelcey, … Minn. Ct. App. 2016
- Kristine Benton v. Tom Hedine Minn. Ct. App. 2015
-
Kristine Benton v. Tom Hedine
Minn. Ct. App. 2015
“A reason to anticipate the harm may arise when the landowner has reason to expect that the [entrant] will proceed to encounter the known or obvious danger because to a reasonable man in his position the advantages of doing so would outweigh the apparent risk.” (quotation omitted).
- Susanna D. Smith v. Wells Concrete Products Co. Minn. Ct. App. 2015
-
Susanna D. Smith v. Wells Concrete Products Co.
Minn. Ct. App. 2015
the Minnesota Supreme Court addressed the issue of an employer’s liability to the employee of an independent contractor.
- Engineering & Construction Innovations, Inc. v. L.H. Bolduc Co. 825 N.W.2d 695 Minn. 2013
-
Engineering & Construction Innovations, Inc. v. L.H. Bolduc Co.
825 N.W.2d 695
Minn. 2013
through his own acts of negligence.” (emphasis added).
- Remodeling Dimensions, Inc. v. Integrity Mutual Insurance Co. 819 N.W.2d 602 Minn. 2012
- Remodeling Dimensions, Inc. v. Integrity Mutual Insurance Co. 819 N.W.2d 602 Minn. 2012
- Ironwood Springs Christian Ranch, Inc. v. Emmaus 801 N.W.2d 193 Minn. Ct. App. 2011
-
Ironwood Springs Christian Ranch, Inc. v. Emmaus
801 N.W.2d 193
Minn. Ct. App. 2011
persons invited upon the premises.” (quotation omitted).
- In Re Individual 35w Bridge Litigation 786 N.W.2d 890 Minn. Ct. App. 2010
-
In Re Individual 35w Bridge Litigation
786 N.W.2d 890
Minn. Ct. App. 2010
Nadeau v. Melin, 260 Minn. 369, 375-76 , (stating that vicarious liability is the imposition of liability on one person for actionable conduct of another, based solely on relationship between the two persons).
- Presbrey v. James 781 N.W.2d 13 Minn. Ct. App. 2010
-
Presbrey v. James
781 N.W.2d 13
Minn. Ct. App. 2010
For liability to attach, the company must retain control over the ‘operative detail’ of the work.”
- Gilmore v. Walgreen Co. 759 N.W.2d 433 Minn. Ct. App. 2009
- Gilmore v. Walgreen Co. 759 N.W.2d 433 Minn. Ct. App. 2009
- Olmanson v. Le Sueur County 673 N.W.2d 506 Minn. Ct. App. 2004
-
Olmanson v. Le Sueur County
673 N.W.2d 506
Minn. Ct. App. 2004
persons invited upon the premises.” (quoting Peterson v. Balach, 294 Minn. 161, 174 , ).
- Louis v. Louis 636 N.W.2d 314 Minn. 2001
-
Louis v. Louis
636 N.W.2d 314
Minn. 2001
Since 1972, we have consistently held that a landowner has a duty “‘to use reasonable care for the safety of all such persons invited upon the premises.’ ” (quoting Peterson v. Balach, 294 Minn. 161, 174 , ).
- Gradjelick v. Hance 627 N.W.2d 708 Minn. Ct. App. 2001
-
Gradjelick v. Hance
627 N.W.2d 708
Minn. Ct. App. 2001
Cf. Sutherland v. Barton -8 (Minn.1997) (electrified, exposed buss bars constituted dangerous condition); -31 (Minn.1977) (icy exterior stairway a dangerous condition); Messner v. Red Owl Stores Inc., 238 Minn. 411, 415 , (banana peels on floor a dangerous condition); Hans
- Rinn v. Minnesota State Agricultural Society 611 N.W.2d 361 Minn. Ct. App. 2000
- Rinn v. Minnesota State Agricultural Society 611 N.W.2d 361 Minn. Ct. App. 2000