What Is Negligent Hiring, Supervision or Retention of Employee Law in California
What is the Law in California for Negligent Hiring, Supervision or Retention of Employee- California Civil Jury Instruction CACI 426
California Law
CA Civil Jury Instructions
CACI 426 - Negligent Hiring, Supervision or Retention of Employee
As of September 1, 2010
California Civil Jury Instruction CACI 426
426. Negligent Hiring, Supervision, or Retention of
Employee
[Name of plaintiff] claims that [he/she] was harmed by [name of
employee] and that [name of employer defendant] is responsible for
that harm because [name of employer defendant] negligently [hired/
supervised/ [or] retained] [name of employee]. To establish this
claim, [name of plaintiff] must prove all of the following:
1. That [name of employee] was [unfit/ [or] incompetent] to
perform the work for which [he/she] was hired;
2. That [name of employer defendant] knew or should have
known that [name of employee] was [unfit/ [or] incompetent]
and that this [unfitness/ [or] incompetence] created a
particular risk to others;
3. That [name of employee]’s [unfitness/ [or] incompetence]
harmed [name of plaintiff]; and
4. That [name of employer defendant]’s negligence in [hiring/
supervising/ [or] retaining] [name of employee] was a
substantial factor in causing [name of plaintiff]’s harm.
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