Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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You are in the correct category.
I am very sorry for what has happened to you. Do we have any ground on which to go back to our contractor -- he failed to do background checks in his employees, failed to properly supervise them while in our home, and as a result this employee "cased" our home and targeted us for this crime. The pain and suffering and loss of personal property is significant. what legal recourse do we have?
. You may have a case against the contractor under the doctrines of respondeat superior
. Allow me to explain.
Under the doctrine of respondeat superior, the employer is responsible for their employees' actions if the actions arise within the scope of the employment
. Hogan v. Forsyth Country Club Co., 340 SE 2d 116 - NC: Court of Appeals 1986
. Now technically, the employee breaking into the home was not during the scope of employment. However, the employee no doubt planned
this attack during his employment, which allows for a leeway to at least bring this action.
Negligence is much more wide in scope. It is well established that in order to prevail in a negligence action, plaintiffs must offer evidence of the essential elements of negligence: duty, breach of duty, proximate cause, and damages. Lamm v. Bissette Realty, Inc., 327 N.C. 412, 395 S.E.2d 112 (1990).
"Duty" can mean anything - it can mean a duty that is established in law, or a duty that society feels should be owed. Your case may focus on the latter, i.e. the duty that society feels should be owed. While there is no law that the employer MUST do a background check, the jury may believe that the contractor was nonetheless negligent in that he should have
if he knew or should have noticed warning signs.
In summary, you may indeed have a case, although an attorney is recommended, of course. May I recommend the NC Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
I hope this helps and clarifies. Good luck.
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