Court of New York awarded a woman and her son $ 1. 5 million to be paid by employer for the maintenance man’s beating of the son who suffered physical and psychological injuries sequel to his resistance he made when he made a sexual assault on his mother at the apartment complex owned by the employer. Here the respondeat superior itself is sufficient to implicate the employer. In another instance, an employer was held liable for negligently hiring a sexually perverted employee with criminal background who raped a female coworker.
(Veri Res Inc. ‘n. d’) Negligent hiring of an employee has even led to murders. In a case of 1999, a family of a patient murdered at the hospital of Trusted Health by the hospital employee was awarded $26. 5 million for negligent hiring. At the time, courts allover the U. S ruled that before hiring of the employee, the employer should have known his unsuitability and therefore is liable for not conducting background checks.
(Kroll, 2008) Conclusion The brief overview of legal principles relating to employer’s liability would show that in the instant case, the apartment manager was employed by the landlord of the apartment complex without conducting the background checks which constitutes negligent hiring because the nature of the job and possession of passkeys necessitated a background check for any criminal record.
Hence the landlord as an employer is liable to the tenant who was raped even though the incident took place outside his employment hours.
Chrissy & Company, 2008 March 05. Respondeat Superior; Its meaning and how it impacts your liability. Retrieved May 22, 2008, from http:// http://www. associatedcontent. com/article/628523/respondeat_superior_its_meaning_how. html Kroll, 2008 Employment Background Checks Minimize Hiring Risks, retrieved May 22, 2008 from http:// http://www.
infolinkscreening. com/InfoLink/Default. aspx Sandberg Steve and Elkins Scott ‘n. d ‘, Legal Consequences for Failing to Train employees retrieved May 22, 2008 from http:// www. byucemedia. org Vallie La Kathleen A. (2002) Employer Beware: The Doctrine of Respondeat Superior. the Advocate, 1, 18, retrieved May 22, 2008, http://www. advocate. org VeriRes Inc ‘n. d ‘A Look At Negligent Hiring Law Suits retrieved May 22, 2008, http :// www. http://www. verires. com/nhiring. htm