Mavrex, Inc received an application from Larry and, since his written qualifications seemed to meet a pressing current need, they hired him without checking his references or prior records. Actually, Larry had been in prison for murder several years

Question

earlier. Tom, a long-time Mavrex employee, angered Larry when Tom tried to tell Larry how to do his job. Larry attacked and injured Tom. If Tom sues Mavrex, what would his cause of action be, and what elements would Tom need to prove to win his case?

Answer 1

Tom's cause of action would be negligent hiring. Companies can be liable for hiring or retaining violent employees. The company should check records, including criminal records, and contact personal references before hiring employees. To win a case in negligence, Tom would need to prove five elements: a duty of care on the part of Mavrex to Tom, a breach of this duty, factual cause, foreseeable harm, and injury. The test for a duty of care is generally "foreseeability.". If the defendant could have foreseen injury to a particular person, there is a duty to him. To prove the second element of negligence, breach of duty, courts apply a reasonable person standard. The third element, factual cause, means that Mavrex's conduct actually caused Tom's injury. The fourth element, foreseeable harm, means it was foreseeable that conduct like Mavrex's might cause the type of harm that did result. The fifth element, injury, means that Tom actually has been hurt.