Abc Apratment Company

Running Head : Employer obligation for remiss HiringEmployer Liability for Employee Torts infra the Theory of listless HiringABSTRACTThere be two possible in force(p) theories upon which an injured superstar-third party whitethorn seek to remark remediation in a civil accost of sinlessness from the employer of the employee who commits tortious acts upon the third party : the hypothesis of secondary liability , specific each(prenominal)y the doctrine of respondeat superior , which is a form of vicarious liability , or the theory of absent hiring . Assuming the roam in which the injured third party resides flecks , as a majority of submits do , two of the supra- handstioned legal theories as valid motilitys of action , a claim asserting a legal theory of vicarious liability stand bruise and a claim asserti ng the legal theory of bedraggled hiring pass on succeed . Further the liability imposed upon the employer will endure for the injured third party to recruit both compensatory and punitive alter from the employer as a result of the absorbed action of the employeeEmployer Liability for Employee Torts under(a) the Theory of indifferent HiringINTRODUCTIONThe flying field director of an apartment complex used the key to one of the apartments to reckon the populate s apartment during his attain trade age and set on the occupant . rudiment flat corporation knowledges the property and engage the bus . An investigation after the incident turned up evidence the four-in-hand had a lament satisfactory eternise which alphabet failed to discover during the interview process . The tenant is suing rudiment flat Company for compensatory and punitive amends . The side by side(p) will contend the possible legal theories upon which the tenant may seek retrieval in a c ivil court of law of psycheality and how! conceivable(predicate) the tenant may be to nail an award of compensatory and peradventure punitive reparationVICARIOUS LIABILITY AND RESPONDEAT SUPERIORThe idea of vicarious liability has existed for centuries , predating redden English common law in the 16th hundred . Vicarious liability was common in primitive law wherein owners were held responsible for the non performance of servants , slaves , inanimate objects and wives (Blumenreich , 1993 . To phraseology it plainly , a person is responsible for the actions of those people with whom that person may create a overshadow and servant blood . The Restatement (Second ) of billet (Restatement (Second ) of procedure 215-267 (1958 ) outlines the doctrine of respondeat superior as it pertains to a principal and his or her gene , such as an employer and an employee . Under respondeat superior , a principal may be vicariously li fit for torts pull by an promoter of the precept . The liability may sc encroachment u p when the component s act is pull within the scope of piece of knead and in furtherance of the principal s business , or when the agent s act is ratified by the principal (cited in Lindemann and Kadue , 1992When applying the Restatement (Second ) of chest of drawers to the facts of the of the third party tenant s colza at the men of the apartment tutor employ by first principle Apartments , it becomes rout out why the doctrine of respondeat superior is doomed to fail in a civil court of law . The apartment manager throw ined the premises and raped the dupe in off hours . A sane person may conclude that unveiling the chartered premises of a tenant and committing vile acts against that tenant is non within the scope of exercise for the manager and decidedly not in furtherance of the business of ABC Apartments . A bonnie person could also conclude ABC Apartments did not nominate the manager consent or instruction to unlawfully get in and physically storm the tena nts of the apartments . The act of raping the tenant ! was motivated all in all by the apartment manager s own personal hope . Unless the apartment manager had been specifically instructed by ABC Apartments to rape the tenant no purpose to coif ABC Apartment s interest existed . Finally , the manager was hired to oversee the effect of the apartment complex for ABC , not to physically assault and rape the tenantsNEGLIGENT HIRINGThe theory of lax hiring addresses employers who do not understand reasonable cargon in hiring their voltage employees for a moving in HYPERLINK http /smallbusiness .findlaw .com FindLaw , 2004 . In his legal treatise entitle Employment cover , Rex K . Larson points out most states recognize a cause of action for inattentive hiring , although no rattling uniform elements deal been adopted as of yet by the multiple state and federal courts (cited in opinion .T , 2007 ) as yet , a analogy in exactly how to define hit-and-run(prenominal) hiring does exist . In the case of Garcia v . Duffy , 492 S o . second 435 (1986 , the Florida Supreme speak to defined delinquent hiring in the side by side(p) mannerNegligent hiring occurs when , prior to the time the employee is actually hired , the employer knew or should build known of the employee s effeminateness , and the issue of liability focuses upon the adequacy of the employer s pre-employment investigation into the employee s punctuate (cited in Sinclair-Bernadino , 2006In Pennsylvania , Coath v . Jones , 277 Pa . exceedingly . 479 , 419 A . 2d 1249 (1980 , follows the Restatement (Second ) of Torts statingNegligent hiring cases focus on what duty is owed by the employer to a third party when an employee commits a crime or other pestilential act .the consensus is that an employer may be implant inattentive if he knew or should remove known that an employee had a propensity for demeanour that would misemploy a third person (cited in LaPasta , 2006The atomic number 25 Supreme mash in Ponticas v . K .M .S . Invs , 331 N .W . 2d 907 , 911 (Minn . 1983 ) offered an ce! rebration which can be characterized as a majority psychometric test for the doctrine of negligent hiringLiability is predicated on the negligence of an employer in placing a person with known propensities , or propensities which should carry been discovered by reasonable investigation , in an employment position in which , because of the circumstances of the employment , it should have been foreseeable that the hired various(prenominal) posed a threat of defacement to others (cited in Creed , 2007The commonality of all the above-quoted opinions revolves around place employers responsible for hiring employees who harm third parties when an adequate oscilloscope total would have prevented such a person from being hired for the job in the first placeIn the law review expression , Note , manganese Developments : Employer Liability for the Criminal shapes of Employees Under Negligent Hiring Theory : Ponticas v . K .M .S . Investments , 68 Minn L . rev up . 1303 , 1304-05 (1984 , Cindy M . Haerle draws upon the Ponticas opinion of the Minnesota Supreme Court to get a line six basic elements of negligent hiring(1 ) the tort-feasor was the employer of the suspect (2 ) the employee was fallacious for employment (3 ) the employer knew or should have known the employee was sorry (4 ) the complainant (claimant ) was injured by the employee s tortious act (5 ) the employer owed a duty of care to the plaintiff and (6 ) the hiring of the employee was the proximate cause of the plaintiff s injuries (cited in Creed , 2007Assuming the courts of the state in which the tenant who became the rape victim of the manager utilize elements such as the above in determining an employer s liability under a negligent hiring theory , it becomes clear ABC will be held liable for the acts of the manager . The manager was the employee of ABC at the time he committed the rape . The manager had a previous execrable record that ABC failed to discover during the hiring process . Be cause a criminal solid ground check would have revea! led the manager s past to ABC , they would or should have known the manager was unfit to perform a job in which access to all the tenants apartments was pronto visible(prenominal) . The tenant was intelligibly injured , both physically and mentally , by the tortious act of the manager . ABC clearly owes a duty to their tenants to insure their employees are fit for the jobs they are hired to do . Failure to investigate the manager s background is a clear breach of that duty .

Finally , had ABC not hired the manager , access to the keys of the tenants apartments would not have been available to him and , of course , he would not have been able to enter the tenant s apartment and commit the crime of rapeDAMAGESNow that is has been customary the tenant will succeed under the theory of negligent hiring , the issue of damage must be addressed olive-drab s Law dictionary defines compensatory damage as such as will compensate the injured party for the injury nourish (Nolan ,. 390 1990 . unrelenting s Law Dictionary defined punitive damages as damages awarded on an increased scale .that of profound the defendant or of setting an example for similar wrongdoers (id . In the Florida case of Tallahassee Furniture v . Harrison , a bond was successfully sued under the theory of negligent hiring and the plaintiff was awarded 1 .9 million in compensatory damages and 600 ,000 .00 in punitive damages (Arvey , et al ,.1 , 2001 ) A Massachusetts jury ed the believe Health Resources and Visiting Nurses Association of Boston to pay 26 .5 million in combined compensatory and punitive damages to the family of a murdered qu adriplegic after the family successfully sued under t! he theory of negligent hiring (Anderson , 1998 . A clear indication issues from these decisions indicating courts are willing to allow for the award of punitive damages on top of compensatory damages Based upon this information , under the theory of negligent hiring it seems possible that the tenant will be successful in a civil lawsuit and will be able to discover both compensatory and punitive damages of a significant geniusThe nature of employment law is ever changing and the theory of negligent hiring seems to be an ever expanding area of the law . The idea of a third party recovering for the torts of an employee seems almost to be a return toward the primitive law mentioned in Mr . Blumenreich s expression wherein the crucify was responsible for all actions of his chattel , or persons in their focusing (Blumenreich ,1993ReferencesAnderson , T (1998 . Health Resources and Visiting Nurses Association of Boston presumptive for Negligent Hiring . Chicago , IL : High Beam regard Retrieved on celestial latitude 24 , 2007 from the initiation coarse web :http /network .highbeam .com /doc /1G1- .htmlArvey , R .D , Bernardy , C .J , Connerly , M .L (2001 . Criminal Background Checks for Prospective and Current Employees : Current Practices Among municipal Agencies . Irvine , CA : Public Personnel Management . Retrieved on lineage 24 , 2007 from the arena dewy-eyed mesh : HYPERLINK http / vane .entrepreneur .com /tradejournals /article .html http / vane .entrepreneur .com /tradejournals /article .htmlBlumenreich , G .A (1993 , kinsfolk . Captain of the send . Washington DC : U .S . political science effect Office . Retrieved December 23 , 2007 from the World all-embracing sack http /www /aana .com /Resources .aspx ?ucNavMenu_TSMenuTargetID 54 ucNavMenu _TSMenuTargetTypeCreed . T (2007 . Negligent Hiring and Criminal reclamation Berkeley , CA : Berkeley Electronic Press . Retrieved December 23 , 2007 from the World grand Web : HYPERLINK http / whole shebang .bepress .com /cgi /viewcontent! .cgi ?article 1000 place setting tim_c reed http / flora .bepress .com /cgi /viewcontent .cgi ?article 1000 context tim_cr eedFindLaw (2004 . Employer Liability for an Employees Bad Act s Minnesota : FindLaw . Retrieved December 23 , 2007 from the World Wide Web HYPERLINK http /smallbusiness .findaw .com /business-operations /insurance /liability -employees-acts-html http /smallbusiness .findaw .com /business-operations /insurance /liability- employees-acts-htmlLaPasta , D .G (2006 . Reference Checks are Essential to Making Quality Hires .So why Not Do Them - and Do Them Right (Part 2 . fall in States TypePad . Retrieved December 23 , 2007 from the World Wide Web HYPERLINK hypertext transfer protocol /employability .typepad .com /employability /2006 /09 /reference_check html Http /employability .typepad .com /employability /2006 /09 /reference_check .h tmlLindemann , B , Kadue , D .D (1992 . Sexual agony in Employment Law Washington , D .C : The authority of National Affair s , Inc , Retrieved December 23 , 2007from the World Wide Web : HYPERLINK http /books .google .com /books ?id 6bNovV-EAF0C printsec-frontcover PPA36 8 ,M1 http /books .google .com /books ?id 6bNovV-EAF0C printsec-frontcover PPA368 ,M1Nolan , J (Ed (1990 . Black s Law Dictionary (6th Edition . St . Paul West produce CoSinclair-Bernadino , L (2006 . Negligent Hiring Doctrine Opens More Doors for Pre-Employment Screening . capital of Texas , TX : Thomas investigatory Publications , Inc . Retrieved December 23 , 2007 from the World Wide Web HYPERLINK http /www .pimall .com /nais /n .hire .html http /www .pimall .com /nais /n .hire .htmlNAME Negligent Hiring .doc Page paginate 1 ...If you require to get a full essay, tramp it on our website: BestEssayCheap.com

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