The first element of negligence is the duty to protect. An employer owes the employee the duty of care. Therefore, during working hours, the employer must ensure that the employee has adequate protection and is working under safe conditions (Hardy, 1986). The second element of negligence dictates that there is a breach of the duty of care by the employer. In other words, some actions of the employer could lead to a lawsuit (REID, 2004). They include issues such as hiring an unqualified worker. The third element applies when there are calculable injuries on the part of the victim.
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However, it is not fair to hold an employer responsible for the misconduct of the employee. It is one way of promoting negligence among the employees most of whom want to see the downfall of their employers. They should pay for their mistakes as a way of preparing them to become responsible employers in future.
Hardy Jr, I. T. (1986). When Doctrines Collide: Corporate Negligence and Respondeat Superior when Hospital Employees Fair to Speak Up. Tul. L. Rev., 61, 85.
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