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Question: Superior Electrical (Superior) was in the business of installing electrical wiring and related components at new construction sites: Identify and discuss the legal elements of negligent hiring.

18 Oct 2022,11:34 PM

 

The Negligent Tort Liability paper

Superior Electrical (Superior) was in the business of installing electrical wiring and related components at new construction sites. Because some employees were assigned company vehicles equipped with company tools and materials and were expected to drive those vehicles to the work sites, Superior required all employment applicants to hold a valid driver’s license. Employees who were assigned a company vehicle were expected to drive for the company during the workday in order to transport job materials and company tools that were kept on the vehicle to job sites. These employees were expected to take the company issued vehicle home at the end of the work day.

Superior hired Cory Jones as an apprentice electrician. Jones had completed an employment application in which he stated that he had a valid driver’s license and had not been cited for any traffic violations. These statements were untrue. His license had been suspended because of numerous traffic violations, including careless driving and driving without a license. Superior did not check on his driving record at the time he was hired because, as an apprentice electrician, he was not being assigned a company vehicle and was not expected to drive for the company during the work day.

About a year after hiring Jones, Superior promoted him to electrician and assigned Jones a company vehicle equipped with a rack for transporting wiring and other materials to and from the work sites. Superior intended that Jones drive during the day for the company and to take the vehicle home after the end of the work day. On a later date, when Jones’s work hours had ended and he was driving home in the company vehicle, he collided with two cars. The collision resulted solely from Jones’s negligence. Carolyn Carson and her son were severely injured in the collision and they sued Superior. The Carson’s alleged two theories of recovery against Superior: respondeat superior and negligent hiring.

Write a 2 to 3 page paper (not including title and references pages) that briefly addresses the following:

Identify and discuss the legal elements of negligent hiring.
Apply those elements of negligent hiring to the facts given in the case.
Analyze whether Superior would be liable for negligent hiring.
Identify and discuss the legal elements of respondeat superior.
Apply those elements of respondeat superior to the facts given in the case.
Analyze whether Superior would be liable on respondeat superior grounds.
The Negligent Tort Liability paper

Expert answer

 

Negligent hiring occurs when an employer recklessly hires an employee without conducting a proper background check or taking reasonable precautions to ensure that the employee is not dangerous. This can result in the employee harming co-workers, customers, or other members of the public. To prove negligent hiring, plaintiff must show that: (1) employer knew or should have known that employee had a propensity for violence or other dangerous behavior; and (2) this propensity for violence or other dangerous behavior was the proximate cause of plaintiff's injury.

 

Negligent hiring claims are often brought against employers in situations where an employee has harmed another person while on the job. For example, if an employee of a daycare center sexually assaults a child in the center's care, the parents of the child may bring a negligent hiring claim against the daycare center. In order to succeed on such a claim, the parents would have to show that the daycare center knew or should have known that the employee had a propensity for violence or other dangerous behavior, and that this propensity was the proximate cause of the child's injury.

 

The legal elements of negligent hiring are:

1) The employer had a duty to use reasonable care in hiring employees;

 

2) The employer breached that duty by failing to use reasonable care in hiring the employee;

 

3) The breach was a proximate cause of the plaintiff's injuries; and

 

4) The plaintiff suffered actual damages as a result of the breach.

 

In order to prove negligent hiring, an employee must show that the employer knew or should have known that the employee was unfit for the job and that this unfitness was a proximate cause of the employee's injuries. An employer may be liable for negligent hiring even if the employee is not actually convicted of a crime. For example, i

 

Similarly, if an employee of a grocery store assaults a customer, the customer may bring a negligent hiring claim against the grocery store. In order to succeed on such a claim, the customer would have to show that the grocery store knew or should have known that the employee had a propensity for violence or other dangerous behavior, and that this propensity was the proximate cause

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