Question

Marcia is shopping at Home Depot. As she walks by John who works in the garden section. John

wanted to be a prankster today and secretly brought a snake into the store and hid it in a plant.
When Marcia went to smell the flowers in the plant, the snake came out and she was scared. She
fell back into a shelf which dropped several pots on her which injured her. She wants to sue Home
Depot for her injuries because she contends they were negligent in hiring John. What are the 5
things Marcia must prove to win a Negligent Hiring case.

Answer 1

Marcia must prove duty of care, breach of duty, causation, foreseeability, and damages to win a Negligent Hiring case against Home Depot.

Step-by-step explanation:

In order for Marcia to win a Negligent Hiring case against Home Depot, she must prove five key elements:

1. Duty of care: Marcia must show that Home Depot had a duty to hire employees who do not pose a risk of harm to others.
2. Breach of duty: Marcia needs to demonstrate that Home Depot breached this duty by hiring John, who brought a snake into the store and caused her injuries.
3. Causation: Marcia must establish that Home Depot's negligent hiring of John was the direct cause of her injuries.
4. Foreseeability: Marcia should prove that a reasonable person in Home Depot's position would have foreseen the potential harm caused by hiring John.
5. Damages: Finally, Marcia must provide evidence of the physical or emotional harm she suffered as a result of the incident.

By proving these five elements, Marcia can have a strong case for Negligent Hiring against Home Depot.