July 26, 2006
No Control, No Liability
According to this article, the New Hampshire Supreme Court ruled earlier this week that McDonald’s was not liable for injuries suffered by an employee of one of its franchisees. In 2003, the employee was badly beaten by two men during an attempted robbery at the restaurant. The court held that, although McDonald’s oversaw some parts of the franchisee’s operation such as food safety, shift management and the “wholesome” appearance, McDonald’s was not responsible for the restaurant’s security. Security was the responsibility of the franchisee. McDonald’s, therefore, could not be held liable. The court compared the case to a similar one in Illinois where McDonald’s was held liable after another franchisee’s employees were injured during a robbery. In that case, however, McDonald’s had used its own staff to work as security supervisor and operations manager.
Posted by franchiselawblog at July 26, 2006 06:55 PM