Practice point: A cause of action sounding in negligent hiring or supervision requires a showing that the employer knew or should have known of the employee's propensity for the injury-causing conduct.
Practitioners should note that there is no common-law duty regarding hiring procedures unless the employer knows something that a reasonably prudent person would investigate.
Case: Jackson v. New York Univ. Downtown Hosp., NY Slip Op 00476 (2d Dept. 2010)
The opinion is here.
Tomorrow’s issue: Contracts.
