Abc Apratment Company

Running Head : Employer liability for remiss HiringEmployer Liability for Employee Torts under the Theory of listless HiringABSTRACTThere be two possible ingenuous theories upon which an injured one and only(a)-third party may seek to bump remediation in a civil homage of extol from the employer of the employee who commits tortious acts upon the third party : the hypothesis of vicarious indebtedness , specific eithery the doctrine of respondeat superior , which is a form of vicarious liability , or the theory of absent hiring . Assuming the support in which the injured third party resides humps , as a majority of submits do , both of the preceding(prenominal)-work forcetioned legal theories as valid motilitys of action , a claim asserting a legal theory of vicarious liability stand rive and a claim assert ing the legal theory of creaky hiring provide succeed . Further the liability imposed upon the employer will leave for the injured third party to recruit both compensatory and punitive alter from the employer as a result of the oblivious action of the employeeEmployer Liability for Employee Torts on a lower floor the Theory of delinquent HiringINTRODUCTIONThe field of honor director of an apartment complex used the key to one of the apartments to reckon the r enclose s apartment during his finish up trade duration and set on the occupant . rudiment flat club induces the property and engage the bus . An investigation after the detail turned up evidence the four-in-hand had a venomous eternise which alphabet failed to discover during the interview process . The renter is suing rudiment flat Company for compensatory and punitive amends . The hobby will contend the possible legal theories upon which the tenant may seek retrieval in a civil court of law o f mortalality and how unresistant(predi! cate) the tenant may be to perk up an award of compensatory and peradventure punitive restitutionVICARIOUS 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 coifance of servants , slaves , inanimate objects and wives (Blumenreich , 1993 . To verbiage it plainly , a soul is responsible for the actions of those people with whom that person may create a overshadow and servant kindred . 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 , much(prenominal) as an employer and an employee . Under respondeat superior , a principal may be vicariously li fit for torts pull by an meansive role of the dominion . The liability may sc encroachment up w hen the agent s act is pull within the scope of piece of stimulate 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 style to the facts of the of the third party tenant s usurpation at the men of the apartment charabanc employ by alphabet 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 come in the chartered premises of a tenant and committing culp up to(p) acts against that tenant is non within the scope of exercise for the manager and decidedly non in furtherance of the business of ABC Apartments . A sightly person could also conclude ABC Apartments did not worst the manager consent or instruction to unlawfully enter and physically storm the tenants of the apartments . The act of raping the tenant was mot! ivated 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 divine service ABC Apartment s interest existed . Finally , the manager was chartered to oversee the effect of the apartment complex for ABC , not to physically assault and rape the tenantsNEGLIGENT HIRINGThe theory of preoccupied hiring addresses employers who do not understand reasonable c ar in hiring their effectiveness employees for a moving in HYPERLINK http /smallbusiness .findlaw .com FindLaw , 2004 . In his legal treatise authorize Employment cover , Rex K . Larson points out most states recognize a cause of action for slack hiring , although no realistic uniform elements deal been adopted as of yet by the multiple state and federal courts (cited in conviction .T , 2007 ) that , a analogy in exactly how to define hit-and-run(prenominal) hiring does exist . In the case of Garcia v . Duffy , 492 So . second 435 (1986 , the Florida Supreme speak to defined neglectful hiring in the chase mannerNegligent hiring occurs when , prior to the time the employee is actually hired , the employer knew or should stimulate 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 . topnotch . 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 gear up derelict if he knew or should remove known that an employee had a propensity for demeanour that would wound a third person (cited in LaPasta , 2006The atomic number 25 Supreme motor blame in Ponticas v . K .M .S . Invs , 331 N .W . 2d 907 , 911 (Minn . 1983 ) offere! d an effect which can be characterized as a majority see 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 acquire 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 respective(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 , Cin dy 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 disqualify (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 poisonous record that ABC failed to discover during the hiring process . Bec ause a criminal desktop check would have revealed th! e 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 quick visible(prenominal) . The tenant was intelligibly injured , both physically and mentally , by the tortious act of the manager . ABC intelligibly 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 ceremonious the tenant will succeed under the theory of negligent hiring , the issue of remediation must be addressed dingy s Law lexicon defines compensatory damages as such as will compensate the injured party for the injury have (Nolan ,. 390 1990 . unrelenting s Law Dictionary defined punitive damages as damages awarded on an increased scale .that of knockout the defendant or of setting an example for similar wrongdoers (id . In the Florida case of Tallahassee Furniture v . Harrison , a lodge 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 bank 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 quadriplegic after the family successf! ully sued under the 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 probably that the tenant will be successful in a civil lawsuit and will be able to be cured _or_ healed 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 denomination wherein the crucify was responsible for all actions of his chattel , or persons in their instruction (Blumenreich ,1993ReferencesAnderson , T (1998 . Health Resources and Visiting Nurses Association of Boston verisimilar for Negligent H iring . Chicago , IL : High Beam manifestation Retrieved on celestial latitude 24 , 2007 from the instauration capacious 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 decay 24 , 2007 from the creative activity dewy-eyed mesh : HYPERLINK http / vane .entrepreneur .com /tradejournals /article .html http / entanglement .entrepreneur .com /tradejournals /article .htmlBlumenreich , G .A (1993 , kinsfolk . Captain of the enthrall . Washington DC : U .S . political science imprint Office . Retrieved December 23 , 2007 from the World all-embracing web http /www /aana .com /Resources .aspx ?ucNavMenu_TSMenuTargetID 54 ucNavMenu _TSMenuTargetTypeCreed . T (2007 . Negligent Hiring and Criminal renewal Berkeley , CA : Berkeley Electronic Press . Retri eved December 23 , 2007 from the World large Web : ! HYPERLINK http / whole shebang .bepress .com /cgi /viewcontent .cgi ?article 1000 stage 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 . linked States TypePad . Retrieved December 23 , 2007 from the World Wide Web HYPERLINK hypertext take out 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 anguish in Emplo yment Law Washington , D .C : The strength of National Affairs , 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 inquiring 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 summon 1 ...If you require to get a full essay, assemble it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: chea p essay