[The Big Sale] Simone, the Owner of ABC Department Store

question 89

Multiple Choice

[The Big Sale] Simone, the owner of ABC department store, needed to hire a number of employees in a hurry because of a big summer sale she was planning. Jamal was hired by Simone to run a cash register and to assist customers with taking large purchases to their cars. Jamal encountered a particularly annoying customer, Ryan. Ryan started complaining the minute he saw Jamal. Ryan complained about having to wait for Jamal to assist him with carrying his television purchase to his car, about the merchandise in the store, and about the quality of the store's employees. Jamal tried to control himself while he carted Ryan's television to the car; however, when Ryan began verbally attacking Jamal's appearance and professional manner, Jamal threw the television to the ground and punched Ryan in the nose. Ryan chose to investigate Jamal's employment history and discovered that Jamal had been fired from his previous three jobs for taking violent action against customers. Two of his former employers were willing to testify that if Simone had called them, they would have disclosed Jamal's tendencies to her. Jamal listed the former employers on his application, but because she was in a hurry to hire employees, Simone did not take the time to check with the former employers. Another problem confronting Simone during the big sale is that Lea, a long-time employee of Simone who had never caused any problems before, accidentally, but negligently, dropped a box on the foot of a customer, Greg. Greg had to have an X-ray and is threatening to sue both Simone and Lea.
-Which of the following is true regarding Simone's liability, if any, for her own conduct in regards to Ryan's injury?

• A) Simone would likely be held liable for negligent hiring.
• B) Regardless of whether she did anything to directly cause injury to Ryan, Simone would likely be held liable on a strict liability theory because her customer was injured.
• C) Simone would likely be held liable for breach of customer warranty.
• D) Simone would likely be required to split the damages with Jamal because Jamal was her employee.
• E) There is no theory on which Simone could be held liable for her own conduct in this situation.

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Definitions:

Common Name

Refers to the name by which a substance, object, or species is known to the general public, as opposed to its scientific or technical name.

NaOH

Sodium hydroxide, a highly caustic metallic base and alkali salt commonly used in many industries, notably in the manufacture of paper, textiles, and detergents.

Saponification

The chemical reaction between a fat or oil and a base, resulting in the formation of glycerol and soap, usually sodium or potassium salts of fatty acids.

Sodium Hydroxide

A strong base and alkali used in various industries, known chemically as NaOH.