Iii. [§ 3.44] Negligent Hiring, Retention, And/Or Supervision

• Jurisdiction: Maryland

III. [§ 3.44] NEGLIGENT HIRING, RETENTION, AND/OR SUPERVISION

George Harris is President and owner of Harris Construction Company. As a participant in the "Job Training Rehabilitation Program," sponsored by the County Correctional Institution, the company periodically hired released felons. Harris hired James Wilson, who had been paroled, as a laborer. The county program advised Harris that Wilson was incarcerated for repeated aggravated assaults.

Two months after Wilson was hired, Harris gave him a job as a night security guard to increase security at the job site. Harris told Wilson to notify the police if he observed any theft or suspicious activity. Wilson commented that he would not need the police to take care of any problems, but Harris ignored the comment.

On Wilson's third night on the job, John Smith was taking a shortcut through the building site. Wilson suspected Smith as a thief and attacked him with a piece of lumber, inflicting multiple contusions and fractures. Smith sought recovery against Harris Construction Company for the injuries inflicted by Wilson's assault, claiming negligent hiring and retention.

COMPLAINT

Negligent Hiring and Retention

John Smith (hereinafter "Smith"), Plaintiff, by his attorneys, Ali P. Khan and Khan & Khan, P.A., sues Harris Construction Company (hereinafter "Harris Company"), Defendant, and states:
1. Plaintiff Smith is a resident of Baltimore County, Maryland.
2. Defendant Harris Company is incorporated in the State of Maryland, where it is engaged in the business of building construction. George Harris is the President of the Harris Company.
3. On or about June 15, 2021, Defendant Harris Company hired James Wilson as a laborer and assigned him to work at a building site in Baltimore County. Wilson was hired as part of Defendant's participation in the County Correctional Institution's Job Training Rehabilitation Program. As part of this program, Defendant was advised of Wilson's criminal record, which included multiple convictions for aggravated assault.
4. In August 2021, Defendant Harris Company wished to increase security personnel at the job site because of several episodes of theft that had occurred at the site. On or about August 22, 2021, Defendant offered Wilson the job of night security guard at the building site where he was working, and Wilson accepted.
5. On or about August 25, 2021, at approximately 8:00 p.m., Plaintiff Smith was walking across Defendant's building site. Smith was passing through the site as a shortcut and was not engaged in, and did not have any intent to engage in, any theft or other criminal activity.
6. Without provocation or warning, Wilson assaulted Plaintiff Smith with a piece of lumber and inflicted multiple contusions and fractures, and other injuries upon Smith. During the assault, Wilson exclaimed to Plaintiff: "I'll teach you to try to rip me off, [expletive deleted]."
7. Defendant Harris Company had a duty to

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