Advertorial Legally Speaking By: Scott Baron, Attorney at Law VIOLENT PROPENSITIES Q: In my store, there are several vending machines. The other day, someone appeared who I knew to be a truck driver’s helper for one of the vending companies. When he attempted to service the company’s machine, I questioned his authority to do so. The helper’s response was to strike me several times with a metal bar. The company says that my assailant had stolen the keys to the machine and has validated my hunch that he never was authorized to service it. I have learned that this was not the helper’s first crime. Twenty five years ago, he was convicted of some kind of felony, out of state. A few years ago, he was arrested here, on a misdemeanor drug possession charge. Of course, he is broke. But his company has what you attorneys call ‘deep pockets’. How’s my case against the company? A: The company can be held liable vicariously only if the assault was somehow condoned, instigated or authorized by it. From what you tell me, there is no evidence to support this theory. In general, it is very difficult to prove that a violent attack, bad for business as well as for the victim, was somehow condoned by the employer. With regard to negligent hiring and supervision, our courts generally have held that an employer is under no particular duty to inquire as to whether a hiring prospect has been convicted of crimes in the past. In addition, even if the company had checked the helper’s background, hiring him despite it is not necessarily negligence. Your case with regard to negligent supervision may well turn out to be stronger. Perhaps interviews with other customers and other employers, and a look at the personnel file, will show that this is far from the first time that the helper has flashed his true colors in an ongoing arena. The company can be held directly liable if it knew or should have known of his violent propensities. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 Buddy’s SINCE 1950 Viillllaaggggiioo of the 2012 THE QUEENS QueensCourier.com Come See Our Sun Room Holds Up to 35 People For Your Party Let Us Cater Your Next Party Fine Italian Cuisine • Traditional Brick Oven Large Selection of Wine & Beer Open for Lunch and Dinner 7 Days A Week 150-07 14th Road • Whitestone 718.747.1111 www.villaggiohome.com Become a fan On Facebook.com For Special Offers Come Check Out One of The Original Old Fashioned Delis and Enjoy The Best Corned Beef, Brisket, and Pastrami Sandwiches in Queens STOP BY OUR TAKE-OUT COUNTER FOR ALL YOUR FAVORITES Hebrew National® Hot Dogs • Knishes • Homemade French Fries • Juicy Hamburgers • Buffalo Wings • Onion Rings • Fried Chicken • BBQ Chicken • Roasted Chicken • Potato Pancakes • Fresh Salads • Pickles • Chopped Liver • Cranberry Compote • Tongue Polonaise • Stuffed Derma • Stuffed Cabbage • Kasha Varnishkas • Homemade Meatloaf • Fresh Turkey and many more favorites $3.00 off Any Purchase Over $20 Exp.9/15/16 $4.00 off Any Purchase Over $30 Exp.9/15/16 8 CRYDER POINT Courier | august 2016 | www.qns.com KOSHER DELI REStauRaNt & CatERERS Under Rabbinical Supervision FREE Delivery Just 5 Minutes From LeHarve and Cryder Point. Off The 73rd Ave. Exit On The Clearview Expressway HOMEMADE HOT SOUPS Lentil • Vegetable Split Pea Mushroom Barley Chicken Noodle Matzoh Ball 215-01 73rd Ave, Bayside • 718.631.2110 • Fax: 718.631.2956
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