Skip to main content

The Germanwings Tragedy and Claims for Negligent Retention

There has been a lot of news about the terrible crash of Germanwings Flight 9525, which resulted in the death of 150 people when the co-pilot, Andreas Lubitz, (apparently) intentionally crashed the plane into the French Alps. Reports are that Lubitz had suicidal tendencies and had been declared medically unfit to fly.

What may soon follow are lawsuits against Germanwings and Lufthansa (which owns Germanwings) for claims similar to what New York calls "negligent retention":
A claim for negligent supervision or retention arises when an employer places an employee in a position to cause foreseeable harm, harm which the injured party most probably would have been spared had the employer taken reasonable care in supervising or retaining the employee.
Vione v. Tewell, 12 Mic.3d 973, 979, 820 N.Y.S.2d 682 (Sup.Ct., New York County, 2006).
Under New York law, a claim for negligent hiring, supervision or retention, "in addition to the standard elements of negligence," requires "a plaintiff [to] show: (1) that the tort-feasor and the defendant were in an employee-employer relationship; (2) that the employer `knew or should have known of the employee's propensity for the conduct which caused the injury' prior to the injury's occurrence; and, (3) that the tort was committed on the employer's premises or with the employer's chattels."
Bouchard v. New York Archdiocese, 719 F.Supp.2d 255, 261 (S.D.N.Y. 2010).

When an employer knew, or should have known about a person's bad or dangerous tendencies before they hired the person, and hired them anyway, the claim would be for "negligent hiring".

You run an airline company, you need to know the psychological state of mind of your pilots because, if they have suicidal tendencies, it is foreseeable that they may intentionally crash the airplanes they are flying. Such a shame.

Labels

Labels:

Comments

Post a Comment

Popular posts from this blog

Being Fired for Things an Employee Did On Their Own Time, Outside of Work: Legal or Not?

New York is an "at will" employment state, meaning that, in the absence of a contract, you can be fired at any time, for any reason, or for no reason at all, unless the reason is based on something like age, race, religion, disability, etc. (just a handful of categories). (Government employees have more protections than private-sector employees, such as First Amendment protections.) One of the few exceptions to the at-will employment rule is New York Labor Law §201-d. The statute is lengthy and has lots of caveats and qualifiers and defenses (for the employer). But the gist of § 201-d is that an employee can't be disciplined or fired (or not hired) for something they do on their own time, away from work, that is legal, and that is not against the employer's interests.  The statute and the reported cases mostly deal with "recreational" and "political" activities, and the cases can turn on whether something was a "recreational activity...
Post a Comment
Read more

Insurance Companies Trying to Gag Superstorm Sandy Victims?

As reported in several news articles ( this one  is free), in the aftermath of superstorm Sandy, engineering firms were hired by insurance companies to inspect the homes of people making claims for flood damage.  There have been allegations that two of the engineering firms, U.S. Forensic out of Louisiana, and GEB HiRise out of Uniondale, forged property damage reports in order to deny claims. The NY State Attorney General is investigating those allegations and wants to talk to the homeowners.  At the same time, there are about 1,800 lawsuits in federal court involving the insurance coverage claims. A three-judge panel is trying to expedite resolution of the cases.  Last week it was revealed that one of the insurance companies, The Standard Fire Insurance Company, which is a subsidiary of Travelers Insurance, drafted language in a settlement document saying that any homeowner who accepts a payout of their claims cannot cooperate with the criminal invest...
Post a Comment
Read more

Recent Case Developments: Contractor Entitled to be Paid For Extra Work Not Part of Original Contract

On September 12, 2013, the Town of Kent (Putnam County) entered into a contract with a contractor to build a sewer.  During construction, certain "conditions that were unexpected and unanticipated" arose, requiring the contractor to do "extra" work--things beyond the scope of work of the original contract. (The appeals court doesn't detail what this extra work was.) The contractor performed the extra work, totaling around $380,000 in additional costs. For reasons not stated by the appeals court, the Town refused to pay for this extra work, and the contractor eventually sued the Town in May, 2015.  The contractor moved for summary judgment in the lower court (a kind of mini-trial on paper), and the court awarded judgment in favor of the contractor for the $380,000.  The Town appealed, but the appeals court sided with the contractor, saying that even though this "extra" work was not within the scope of work of the original contract, the con...
Post a Comment
Read more