Every municipality is subject to liability for its torts and those of its officers, employees and agents acting within the scope of their employment or duties. The Minnesota Supreme Court recently issued a landmark decision recognizing the tort of "negligent selection of an independent contractor."In tort actions for death or injury to person or property, no defendant shall be liable for an amount greater than its percentage of the negligence. An agent may be solely liable to a third party for tortious conduct in certain circumstances. The Minnesota Tort Claims Act also sets out exceptions to liability, which are known as "immunities. " Most tort claims are claims of negligence. In doing so the Court greatly expanded the potential liability businesses will face while operating in Minnesota. A tort is a civil wrong for which the law provides a remedy. Generally, companies are not held liable for the negligent acts of independent contractors. However, there are exceptions to this rule.
