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National News

Landlord Held Liable For Negligent Hiring

October 29, 2013 posted by Steve Brownstein

Mark Wilton operated an apartment complex in San Joaquin County, California. To help provide security for the complex, Wilton hired David Rodriguez as a guard.

Rodriguez was a tough man, and had previously served a prison term for voluntary manslaughter. Unfortunately, Rodriguez also didn't get along so well with all the tenants at the complex.

According to some residents, Rodriguez carried a variety of loaded guns, used methamphetamine, and physically threatened them (sometimes with a firearm) while he was providing security. Tenants complained to Wilton that Rodriguez was "dangerous," "tweeking on crank," and frightened them and their children.

In May 2003, Rodriguez shot a tenant, Michael Hawkins, while they were on the sidewalk outside the complex. Rodriguez was convicted of attempted murder. Hawkins then sued Wilton, claiming that the complex negligently employed an unfit worker and was liable for the shooting committed by its employee.

In response, Wilton argued that the apartment owners shouldn't be liable for the shooting, which took place on the sidewalk. Moreover, Wilton argued that Hawkins was personally familiar with Rodriguez from their daily contact at the complex, and that Hawkins voluntarily socialized with Rodriguez.

Despite Wilton's arguments, the Court ruled that the apartment owners could be liable for employing a dangerous employee.

According to the lawsuit, "Rodriguez was Wilton's employee and was allowed to carry firearms although he was known by Wilton to be a convicted felon [and] an out-of-control methamphetamine user who had threatened tenants," the Court observed. "An employer who allowed such conduct by a manager or security guard would not be insulated from ... liability simply because the tenant chose to socialize with the employee, or simply because the shooting took place on the sidewalk outside the apartment complex."

"The employer of a security guard may be liable for the guard's assaults if the employer negligently hired the guard or negligently placed him in a position to commit foreseeable harmful acts," the Court explained. "Here, allegedly, Wilton actually knew Rodriguez had been convicted of voluntary manslaughter, but allowed him to carry firearms on the job and ignored reports of his drug usage."

"In our view an employer cannot allow a drug-addled convicted felon to carry and brandish loaded firearms during the course and scope of employment, particularly where, as here, the employment necessarily consists of making contact with members of the public, such as tenants and visitors to the complex," the Court declared.

The Court concluded that holding the employer liable "will not impose an undue burden but will merely ensure that apartment owners who choose to employ security guards ... will select, train and supervise them to avoid inflicting additional risks on their tenants." [Hawkins v. Wilton (CA 2006) no. C049462]