JUDITH ABBOTT, A/K/A JUDITH HANSCOM, APPELLANT,
v.
RANDY PAYNE, ET AL., APPELLEES

Fla. 4th DCA | 1984-10-31
No. 84-369
WALDEN, J., and GREEN, OLIVER L., Jr., Associate Judge, concur.
457 So. 2d 1156 Florida District Court of Appeal, Fourth District (1984) Caution
Cited by 10 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Appellant sued her pest control company for negligent hiring and employment after an employee broke into her home and assaulted her following termination. The trial court dismissed the complaint, but the appellate court reversed, holding that an employer has a duty to conduct reasonable inquiries into an employee's background when that employee will have free and independent access to customers' homes.


Holding

An employer who knows that an employee will have free and independent access to the homes of its customers has an obligation to make reasonable efforts to inquire into such employee's past employment and past records, particularly when the employer has affirmatively reassured customers regarding the employee's character. The reasonableness of such inquiries and the decision to allow access are jury questions.


Headnotes

[1] An employer has a duty to make reasonable efforts to inquire into an employee's background when the employee will have independent access to customers' homes.

[2] An employer may be liable for negligent hiring and employment when an employee causes harm to a customer after being granted access to their home.

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Key Quotes

“If an employer wishes to give an employee the indicia of authority to enter into the living quarters of others, it has the responsibility of first making some inquiry with respect to whether it is safe to do so.”

Establishes the core duty of employers to investigate employee backgrounds when employees will have access to customers' homes.

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Facts & Procedural History

Plaintiff contracted with Apollo Termite & Pest Control Company for regular pest control service. Employee Randy Payne was assigned to provide service…

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Opinion of the Court
BARKETT, Judge.

BARKETT, Judge.

Plaintiff/appellant appeals the order dismissing her amended complaint with prejudice. We reverse.

The amended complaint alleged the following: (1) the plaintiff contracted with the defendant, Apollo Termite & Pest Control Company, to provide regular pest control service in her home; (2) co-defendant Randy Payne was the Apollo employee designated to provide the service in plaintiff’s home; (3) plaintiff worked full time so it was necessary for the appellee company to have access to her home when she was not there; (4) because Payne would have a key and independent access to her home, the plaintiff sought and obtained representations from the company that Payne was honest, reliable, and trustworthy, and that the company was fully bonded; (5) plaintiff •relied on those assurances and allowed Payne into her home; and (6) shortly after his employment with the company had ended, Payne broke into plaintiffs home at night and physically assaulted her. The amended two-count complaint claims damages against Payne in Count I for assault and battery and claims damages against the defendant/appellee Apollo in Count II for negligent hiring and employment. It is our view that the complaint states a cause of action for negligent hiring and employment.

There is no question that an employer can be liable in tort for negligent hiring and employment. Petrik v. New Hampshire Insurance Company, 379 So. 2d 1287 (Fla. 1st DCA 1979). Liability can also attach for the conduct of an ex-employee. Wayne v. Unigard Mutual Insurance Company, 316 So. 2d 581 (Fla. 3d DCA 1975). The question posed in this case, however, is whether or not an employer has a duty to inquire into a prospective employee’s background, including past employment and references. The question has been answered affirmatively in Williams v. Feather Sound, Inc., 386 So. 2d 1238 (Fla. 2d DCA 1980). In that case, the court discussed the extent of an employer’s responsibility to learn pertinent facts concerning his employee’s character. The Second District differentiated between an employee hired to do outside work and one acquiring access to the inside of apartments or homes.

If an employer wishes to give an employee the indicia of authority to enter into the living quarters of others, it has the responsibility of first making some inquiry with respect to whether it is safe to do so.

Id. at 1240. That court ultimately reversed the summary judgment granted below and held that an employer is chargeable with such information concerning the employee’s background as it could have obtained upon reasonable inquiry. Id. at 1241.

We agree with the holding in Williams v. Feather Sound, supra, and hold that an employer who knows that an employee will have free and independent access to the homes of its customers has an obligation to make reasonable efforts to inquire into such employee’s past employment and past records. This is especially so when, as in the present case, it is alleged that the defendant affirmatively reassured appellant that its employee was honest, reliable, and trustworthy. Of course, the reasonableness of an employer’s efforts to inquire into the background of a prospective employee, and the reasonableness of the subsequent decision to allow the employee to enter a customer’s home, are jury questions.

Accordingly, we find that the amended complaint sufficiently states a cause of action, and the order of the trial court dismissing the amended complaint is hereby reversed. The case is remanded for further proceedings in accordance herewith.

REVERSED AND REMANDED.

WALDEN, J., and GREEN, OLIVER L., Jr., Associate Judge, concur.


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Citator

Cited By

  • Garcia v. Duffy, 492 So. 2d 435 (Fla. 2d DCA 1986)
    …to evolve and is now commonly referred to as an employer’s liability for negligent hiring and employment, see, e.g., Petrick v. New Hampshire Insurance Co., 379 So. 2d 1287 (Fla. 1st DCA 1979), cert. denied, 400 So. 2d 8 (Fla.1981); Abbott v. Payne, 457 So. 2d 1156 (Fla. 4th DCA 1984); see also, 379 So. 2d 1287, or negligent hiring and retention. See, e.g., Texas Scaggs, Inc. v. Joannides, 372 So. 2d 985 (Fla. 2d DCA 1979), cert. denied, 381 So. 2d 767 (Fla.1980). The principal difference between negligent hi…
  • Tallahassee Furniture Co., Inc. v. Harrison, 583 So. 2d 744 (Fla. 1st DCA 1991)
    …incompetent and liable to do harm to the tenants. Subsequent Florida decisions, beginning most notably with Williams v. Feather Sound, Inc., 386 So. 2d 1238 (Fla. 2d DCA 1980), rev. denied, 392 So. 2d 1374 (Fla.1981), and including Abbott v. Payne, 457 So. 2d 1156 (Fla. 4th DCA 1984), and Garcia v. Duffy, 492 So. 2d 435 (Fla. 2d DCA 1986), have explored the cause of action in greater depth. Although few in number, these cases have contributed a substantial commentary on the elements of this cause of action an…
  • Harrison v. Tallahassee Furniture Co., Inc., 529 So. 2d 790 (Fla. 1st DCA 1988)
    …ability. As the trial judge ruled in denying appellee’s motion to dismiss appellant’s amended complaint, appellant has adequately stated a cause of action. Compare Williams v. Feather Sound, Inc., 386 So. 2d 1238 (Fla. 2d DCA 1980), Abbott v. Payne, 457 So. 2d 1156 (Fla. 4th DCA 1984), and Garcia v. Duffy, 492 So. 2d 435 (Fla. 2d DCA 1986). Numerous disputed issues of fact exist concerning, for example, appellee’s duty, its possible breach thereof, and proximate causation, resolution of which is pivotal to the…

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