Electrical () 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, 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. 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. 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, 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. 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 . The Carson’s alleged two theories of recovery against : respondeat superior and negligent hiring. Write a four- to five-page paper (not including title and references pages) that 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 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 would be liable on respondeat superior grounds.The Negligent Tort Liability paper Share on Facebook Tweet Follow us Sample Answer Negligent Hiring and Respondeat Liability in the Case of Electrical Negligent Hiring Negligent hiring is a legal theory that holds an employer responsible for the actions of an employee if the employer knew or should have known about the employee’s unfitness for the job. The legal elements of negligent hiring typically include: 1. Duty of Care: The employer has a duty to exercise reasonable care in hiring employees, especially when their job duties involve potential risks to others. 2. Knowledge or Should Have Known: The employer either knew or should have known about the employee’s unfitness for the job, such as through a background check or investigation. 3. Foreseeability: It was foreseeable that hiring an unfit employee could result in harm to others. 4. Causation: The employer’s negligent hiring directly caused harm to a third party. Applying these elements to the facts given in the case of Cory Jones and Electrical: – When Cory Jones was initially hired as an apprentice electrician, did not check his driving record, assuming he would not be driving a company vehicle. However, when he was later promoted to an electrician and assigned a company vehicle, failed to conduct a background check that would have revealed his suspended license and history of traffic violations. – Given that Jones was expected to drive a company vehicle during work hours and take it home after work, it was foreseeable that his unfitness for driving due to his suspended license and traffic violations could lead to harm to others. – The collision that occurred while Jones was driving home in the company vehicle resulted solely from his negligence, indicating a direct link between ’s failure to conduct a proper background check and the harm caused. Analysis of ’s Liability for Negligent Hiring Based on the legal elements of negligent hiring and the facts provided in the case, it is likely that Electrical could be held liable for negligent hiring. By failing to verify Cory Jones’s driving record and fitness for driving a company vehicle, despite promoting him to a position that required driving, breached its duty of care and contributed to the harm caused by Jones’s negligence. Respondeat Respondeat superior is a legal doctrine that holds an employer liable for the actions of an employee that occur within the scope of employment. The legal elements of respondeat superior typically include: 1. Employee-Employer Relationship: The employee must be acting within the scope of their employment at the time of the incident. 2. Scope of Employment: The actions of the employee must be within the scope of their job duties or responsibilities. 3. Causation: The actions of the employee must directly cause harm to a third party. Applying these elements to the facts given in the case of Electrical and Cory Jones: – Jones was driving home in the company vehicle after work hours, which could be considered within the scope of his employment since he was expected to take the vehicle home as part of his job duties. – The collision that occurred while Jones was driving the company vehicle resulted from his negligence, which could be seen as directly related to his employment with Electrical. Analysis of ’s Liability under Respondeat Considering the legal elements of respondeat superior and the circumstances surrounding the collision caused by Cory Jones’s negligence while driving the company vehicle after work hours, it is likely that Electrical could be held liable under the doctrine of respondeat superior. Jones’s actions occurred within the scope of his employment, as he was using the company vehicle for work purposes by taking it home as instructed by . In conclusion, Electrical may face liability for both negligent hiring and respondeat superior in the case involving Cory Jones’s negligent driving that resulted in harm to Carolyn Carson and her son. By failing to conduct a background check on Jones despite assigning him a company vehicle and promoting him to a position that required driving, breached its duty of care and contributed to the harm caused. Additionally, under respondeat superior, may be held responsible for Jones’s actions while driving the company vehicle within the scope of his employment. This question has been answered. Get Answer
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