Legal Question in Personal Injury in New York
looking to get to deep pockets client injured by "repoman"
Client suffered major facial and skull scaring after being struck in head by "repoman".Repoman arrested has done similar things in past. I am anticipating the barrage of indepent contractor defeses etc. Got any cases or ideas?
2 Answers from Attorneys
Personal Injury action against repoman
One theory of liability which will not survive independent contractor defense is negligent hiring. If principal was aware of prior incidents and did not investigate background before retaining repoman, principal is liable to third parties if it can be shown that inquiry would have revealed dangerous propensities of repoman. Also, there would be no independent contractor defense if principal directed and supervised activities of repoman. Also, it would be appear likely that these repoman have to obtain bond or some kind of insurance themselves. Please call if you want to discuss this matter further.
Repo Man Collision
I have a case like this in NH, although it is not an auto collision. Negligent hiring, training and supervision in NH is an action against the employer directly and is not dependent on any respondeat superior theories.