The California Supreme Court ruled that an employer will be liable for injuries sustained by individuals due to the negligent driving of one of its employees, stating the following: A person injured by someone driving a car in the course of employment may sue not only the driver but also that driver’s employer. The employer can be sued on two legal theories based on tort principles: respondeat superior and negligent entrustment.
Respondeat superior, a form of vicarious liability, makes an employer liable, irrespective of fault, for negligent driving by its employee in the scope of employment. The theory of negligent entrustment makes an employer liable for its own negligence in choosing an employee to drive a vehicle.
Write a 700- to 1,050-word paper, written in the third-person voice (do not use “I” “we” or “you”), that addresses the following:
What type of relationship exists in this case between the driver, Jose Carcamo, and the company, Sugar Transport of the Northwest, LLC. Specifically, explain the difference between an independent contractor and employee. Include the factors that distinguish an employee from an independent contractor.
What is the difference between vicarious liability, negligent hiring and negligent entrustment?
Does Sugar Transport’s Human Resources department have any responsibility for their role in hiring Carcamo? If so, what other employment law issues do you find legally problematic concerning the hiring of Carcamo? Identify them and explain the legal issues and laws that were violated. How can a Human Resource department avoid the type of problems that arose in the Diaz v. Carcamo case when hiring future employees?
Include justification for your responses by citing applicable laws and/or legal cases in your discussion.
Format your paper consistent with APA guidelines, and include headings that appropriately signal topics and keep your document organized.
Use a minimum of three different sources (include the textbook as one of the sources), within the paper in addition to the laws and legal cases required above, and provide in-text citations. Any laws and legal cases used in the body of your paper must also be included in the References page.