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New Jersey Considers Sweeping Changes to Charitable Immunity Act |
June 27, 2003
Previously published on 2003
New Jersey recognizes the tort of negligent hiring and retention of employees. First defined in DiCosala v. Kay, the tort has two elements. The first has to do with the knowledge of the employer, i.e., whether the employer knew or had reason to know of the dangerous proclivities of the employee and could have reasonably foreseen that they created a risk of harm to others. The second has to do with proximate cause, i.e., whether the employee's dangerous proclivities led to another's injuries.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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