CASE STUDY

Case Study

Case Study

Introduction

In advising the potential parties as to whether they have a Spud case in the tort of negligence we must consider which parties have been wronged and then establish if they are owed a duty of care, whether there was a breach of that duty and whether the breach caused the damage for which the parties wish to claim damages. We must consider who is entitled to claim compensation and for what type of damage they sustained. It would seem that there is a Spud claim from three of the parties involved Spud and Bob who was inhered by Spud contributory negligence and several concurrent liabilities.

Case background

Spud is working part time as a laborer with a large building company that sub contracts all its work out and suggest that all people on their sites are self employed. Spud is driving a dumper truck at the request of the site foreman although he has no experience of driving such equipment. He unfortunately cannot stop the vehicle, which crashes into bob that is injured.

Liability of the Company

As it has been mentioned in this case Spud is driving a dumper truck at the request of the site foreman although he has no experience of driving such equipment. Hence it can be said that there is a Negligent Hiring. Negligent hiring is based on the principal that employers have an obligation to protect their employees and clients from injury caused by their employees. Employers have an obligation to protect their employees and third parties from the "foreseeable" acts of an employee. Negligent hiring occurs when a company fails to contact an applicant's former employers, check references, or conduct a criminal background check prior to hiring the employee.

It's important that employers perform their due diligence by conducting background checks on every employee hired, regardless of the size their workforce. Prior to hiring a prospective employee, perform a background check. If an applicant is unsuitable for the specific work to be performed, or for employment in general, a professional background check is likely to reveal this information. If the background check fails to reveal such information, you can hire the employee without being presumed negligent(Department of Trade and Industry, 2000, pp.56-100).

Negligent Training and Supervision

This building company may also be liable for personal injuries if an experienced driver was not properly trained on:

Tractor trailer operation and rules of the road

Obeying ...