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CACI 426

What Is Negligent Hiring, Supervision or Retention of Employee Law in California

Personal Injury Lawyers

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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