Montgomery v. Caribe Transport II, LLC · ¶19

Recall the relevant text: The preemption provision “shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” § 14501(c)(2)(A). All agree that common-law duties and standards of care form part of a State's authority to regulate safety. Tr. of Oral Arg. 52, 61; Brief for United States as Amicus Curiae 20–22; see Kurns v. Railroad Friction Products Corp., 565 U. S. 625, 637 (2012) (state common-law duties and standards of care are “designed to be . . . a potent method of governing conduct and controlling policy” (internal quotation marks omitted)). Negligent-hiring claims impose a duty of reasonable care in employing a contractor for work carrying a risk of physical harm. See Restatement (Second) of Torts § 411 (1964).

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