Is Landlord Responsible for Negligent Hiring of Employees Who Injured Resident?

Family members of a resident of a facility for intellectually and developmentally disabled adults sued landlord after two of landlord's employees burned resident with a heated potato masher. They claimed that nonprofit landlord was vicariously liable for battery and negligence by the employees. They also claimed negligent hiring, retention, supervision, and training of the employees. After pretrial questioning, landlord asked the court to dismiss the claims without a trial.

The court ruled against landlord, who appealed and won in part. Landlord couldn't be held vicariously liable for the claimed actions of the two employees because the burning of the resident with a heated potato masher wasn't an act committed in furtherance of landlord's business and within the scope of their employment. However, the claims based on landlord's hiring of these employees couldn't be dismissed without a trial. Landlord, as employer, didn't check the professional references submitted by these employees. Notably, one employee indicated on his job application that he had been "let go" from his most recent job working with intellectually disabled children. An employer may be responsible for negligent hiring when it knew or should have known of an employee's propensity to commit injury. 

Sandoval v. Leake & Watts Servs., Inc.: Appeal No. 12666, Case No. 2019-01413, 2020 NY Slip Op 08017 (App. Div. 1 Dept.; 12/29/20; Manzanet-Daniels, JP, Gesmer, Kern, Oing, Moulton, JJ)