§ 6.7.7.4 OTHER.

• Jurisdiction: Arizona

§ 6.7.7.4 Other. In addition to lack of knowledge and foreseeability, other defenses against suits for negligent hiring or retention include assumption of risk, comparative negligence, workers' compensation, and the public policies of privacy or for rehabilitation. As to assumption of risk, or an avoidance of danger, courts will look to see if plaintiffs contributed to the injuries by voluntarily exposing themselves to known or appreciated dangers.⁵² The defense of comparative negligence may be applicable in offsetting the liability. The assertion is that the plaintiff contributed to the injury and, therefore, the damages should be diminished proportionately; i.e., by exercise of ordinary care, the plaintiff could or should have avoided the injury.⁵³

An employer's most basic defense to a claim of negligent supervision, hiring, or retention is that there was no underlying tort. For example...