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New Jersey Considers Sweeping Changes to Charitable Immunity Act



by Robert J. Stickles
Klett Rooney Lieber & Schorling, A Professional Corporation - Newark Office

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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