Some examples of a higher duty of care include Landlord/tenantrelationships, common carriers (railroads, airlines, ship lines),hospitals, and other patient care facilities and taxi services. Often when a negligent hiring complaint is initiated a simultaneousallegation is made of negligent retention. Negligent hiring allegationsimply a preliminary error in terms of the hiring process ( See Ponticas vs.KMS Investments, 331 N.W. 2d, 907 {1983}.) This means that the employershould have known before hiring an individual that the person was unfit foremployment. Negligent retention is an after-the-fact consideration (SeeCherry vs. Kelly services Inc., 2d 463 {1984}) applying to the instances inwhich the employer becomes aware of the employee's unfitness after hiringhim or her. Here the employer has an obligation to initiate an action tocounter the person's unfitness, including retraining, reassignment,rescheduling or discharge ( See Cutter vs. Farmington, 498 A. 2d 316{N.H.1985}.) For example, in Abbot vs. Payne et al (57 So. 2d 1156 {Fla. App. 4Dist. 1984}) a negligent hiring and employment allegation was at issue. Thefocused action precipitating this case occured after the worker terminatedemployment. The case involved a customer who contracted with the Apollo Termite &Pest Control Co. to provide regular service in her home. Apollo assignedthe co-defendant employee, Randall Payne, to provide service in Abbot'shome. Abbot worked full time, so it was necessary for the pest controlcompany to have access to her home while she was away. Therefore thecompany requested that Abbot provide a passkey. Because Payne would havethe key and, therefore, independant access to her home, Abbot sought andobtained representations from the firm that Payne was reliable andtrustworthy, and the company was fully bonded. quently, based on assurancesfrom the company, the plaintiff allowed Payne to enter her home. Shortlyafter his employment with Apollo ended, P...
