Legal Question in Employment Law in Utah

they should have warned me about what this man was capable of.

I was sent to a patient's home.The nephew is her only caregiver.She is a heavy lift.He helped me. The pt. told me he was not to be home when the aides come. I said he was a help so I wouldn't have a problem with him being there. My company had told me only that he was odd so beware.I brought my soda and cookie bag into the house.I get her bathed and into bed while I clean.I sat my drink and cookie bag by the door. When I had her in bed,I was hot. I went to get a drink. It tasted badly. I took another.I noticed something floating in my drink.I found pubic hairs in my bag.I was sickened. I drove to a friends home.The police came and took the evidence I had kept. He already spent 15 yr in jail. He could be infected with STD's. The health dept sent me to a dr to get tested. I have to wait a month to get results. I am frantic! My co. had not warned me of the possible sexual problems!I'm a single mom to 2 little girls.I am afraid to kiss my little girls. I am terrified I may have AIDES or HEPITITIs and will not be around to raise my girls. Shouldn't my co. have warned me of the dangers? I found out this guy had attacked one aide and exposed himself to another. The co. had a contract with him to stay away while we were there.


Asked on 5/07/00, 1:16 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: they should have warned me about what this man was capable of.

You should be more than furious. Your company had a duty to warn you if they knew of his background and behavior. They intentionally subjected you to a significant risk. The contract with him is worthless without a warning to you. It is like making a contract with a drunk in a bar not to drink.

Based on the facts which you have relayed to me I think you should sue your employer for intentional or at least negligent infliction of emotional distress.

Call me if you want to discuss this for a no charge consultation.

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Answered on 6/21/00, 11:06 am


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