Liability & LegalQuestion 97 of 200

A PPO hires a guard without conducting the BSIS-mandated background check. The guard later commits an assault against a patron. Beyond respondeat superior, the PPO may face liability under which independent theory?

a.Strict products liability, on the theory that the operator placed a defective guard into the stream of commerce just as a manufacturer places a defective product there
b.Negligent hiring, retention, or supervision — a direct theory based on the employer's own breach of duty in selecting or retaining a known dangerous employee
c.An antitrust violation, because hiring an unvetted guard undercuts competing operators who do pay for proper background screening on every applicant they take on
d.Securities fraud, since the operator's representation that all of its guards are BSIS-screened misled the client who bought the service and paid a premium rate for it

Explanation

California recognizes negligent hiring, retention, and supervision as independent tort theories distinct from respondeat superior. They focus on the employer's own breach: failing to conduct reasonable pre-employment investigation given the foreseeable risks, or retaining/failing to supervise an employee whose dangerous propensities became known. Doe v. Capital Cities (1996) 50 Cal.App.4th 1038 articulates the duty. For security, where guards may detain, use force, and access vulnerable people, the standard is heightened. BSIS background-check failures are strong evidence of breach. Strict products liability (a), antitrust (c), and securities fraud (d) are unrelated theories.

Law Reference: California negligent-hiring doctrine; Doe v. Capital Cities (1996) 50 Cal.App.4th 1038

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