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Negligence - Case Study Example

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Summary
Mary lives in an apartment complex in Northwest Houston owned by ABC Properties, Inc. At approximately 2:00 AM on a Wednesday, Rob, the manager of the apartment complex enters Mary's apartment, using his passkey, and brutally rapes and physically assaults Mary…
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Negligence
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Download file to see previous pages does not have a policy of requiring a background check on persons hired for any positions with ABC Properties, Inc. In addition, when you investigate Rob's background you find that Rob has a criminal record including convictions for robbery, sales of narcotics, and attempted rape. Mary wishes to sue ABC Properties, Inc. for damages as a result of the assault on a negligence theory.
Negligence may be defined as intentional or unintentional breach of duty one is obliged to perform under existing laws. Under the United State of America laws, negligence is equivalent to tort. A tort is a private or civil wrong or injury, other than breach of contract, for which a court of law may provide a remedy through a lawsuit for damages or payment of compensation. When a person violates his/her duty to others created under general or statutory law, a tort has been committed ("What is a tort)
In order for tort to exist, four elements must exist namely: 1) the existence of a legal duty owed by a person to others; 2) the breach of the duty by one person (negligence); 3) the breach of the duty being the proximate case of damages suffered by a person; and, 4) damages incurred by a person. Each of the four elements of a tort typically must be present to be compensated ("What is tort").
An example of compensable negligence is negligent hiring. ...
parties to actions which can create legal liability ('Negligent hiring practices"). In the United States of America, an employer is obliged to take several measures before hiring an applicant ("Negligent hiring"). The most important of these measures is to conduct a background check and references to determine whether the applicant has a criminal record or has a dangerous or untrustworthy character. If an employee performs a violent or criminal act while working, such as rape, murder, or robbery, the employer can be held liable for torts for negligent hiring if it will be found out that he/she did not exert effort to perform the required obligation to conduct a background check before the employee who caused the unlawful act (Employer Liability for Employee's Bad Acts).
In this case, it is very evident that the employer was negligent in hiring Rob as an employee and holding a key position in the company. First, the employer did not perform a background check that is required for him to do under the US laws before hiring Rob. Should he have conducted a background check, he should have found out about the criminal record of Rob and probably, could not have accepted him in the company. And should Rob was not accepted in the company, he will not have any access in entering the room of Mary, thus, the crime committed against her could not have been possible done.
The four elements of tort were all consummated, therefore, Mary have a cause of action for negligence against ABC Properties Inc.
Works Cited
"What is tort". FreeAdvice.com. (Online). Retrieved on February 8, 2009. Retrieved from
"Negligent Hiring Practices". Northern Arizona University. (Online). Retrieved ...Download file to see next pagesRead More
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