Legal Opinion

San Juan v. PSC Industrial Outsourcing, Inc.

Nevada Supreme Court

Decided October 7, 2010No. 50033PublishedCited by 4 opinions

1Opinion of the Court

OPINION

By the Court,

Pickering, J.:

Our case law holds that a person who hires an independent contractor is not, without more, vicariously liable to the independent contractor’s employees for their employer’s torts, even though the job involves inherent danger or “peculiar risk.” The issue presented by this appeal is whether this rule depends on the employer being solvent and competent. We hold that it does not. The Nevada workers’ compensation system covers injured workers without regard to their employer’s solvency. And competence, judged after the fact and without regard to the hirer’s…

2Cases cited28 opinions

  1. Privette v. Superior CourtCalifornia Supreme Court · 1993
  2. Woolen v. Aerojet General CorporationCalifornia Supreme Court · 1962
  3. Toland v. Sunland Housing Group, Inc.California Supreme Court · 1998
  4. Phyllis M. Nelson, Etc., and Cross-Appellant v. United States of America, and Cross-Appellee v. Duncanson-Harrelson Co., Third PartyCourt of Appeals for the Third Circuit · 1981
  5. Welker v. Kennecott Copper CompanyCourt of Appeals of Arizona · 1965

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3Cited by4 opinions

  1. Berrett v. Albertsons Inc.Court of Appeals of Utah · 2012
  2. Daniel Hardy v. Bhupinder Singh, et al.; Scott Thayer and Cindy Thayer, natural parents and wrongful death heirs of the deceased, Cole Thayer v. Bhupinder Singh, et al.District Court, D. Nevada · 2026
  3. Stein v. Costco Wholesale CorporationDistrict Court, D. Nevada · 2023
  4. Troiano v. Walmart, Inc.District Court, D. Nevada · 2024

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