Question

plaintiff was

(7) Negligent Hiring and Supervision Hypothetical Drop Box Respond to the following hypothetical with a thorough analysis of the relevant facts as they apply to the law antiff was done when she was attacked by a co-worker. She sued the employer on the basis of negligent hiring and negligent supervision. The employer sought dismissal of the lawsuit on the ground that the attack was a work-related accident that is covered by the exclusivity provisions of workers' compensation and that workers' compensation benefits should be the plaintiff sole remedy in this case. What are the arguments for and against the employer's defense? How should the court rule? Submit your work here

Answer 1

The arguments for employer's defense:

1. The employee was probably injured because of his personal dispute with the co-worker and the employer should not be held responsible for the accident.

The arguments against employer's defense:

1. A work related accident is one that happens because of risk associated with the occupation but in this case Plaintiff was injured by a co-worker. This happened probably because the employer did not do a proper background verification of the co-worker.

2. It is the employer's responsibility to create a safe environment at the workspace and the fact that Plaintiff was harmed while working also indicates that the employer should be held responsible for this accident.

The court should ensure that the employee is compensated for the damage done to him and the employer should be given a warning so that they check background of the prospective candidates in the future.