Gwendolyn Carothers and her boyfriend checked into a Super 8 Motel in the Cobb County Town Center Mall. The next morning Gwendolyn's boyfriend left the room to run an errand while Gwendolyn was still sleeping. Gwendolyn awoke because someone was "improperly touching and licking her." The perpetrator was a Super 8 male employee.
Gwendolyn sued Super 8 Motel, alleging that Super 8 failed to exercise care to keep the premises safe for motel guests. Super 8 failed to perform a criminal background check on the male employee before hiring him and entrusting him with a master key. Additionally, the Super 8 manager knew that while he was employed at Super 8, the employee had been arrested several times on various charges. The jury returned a verdict for $550,000 in Gwendolyn's favor.
An employer has a duty to exercise reasonable care in hiring individuals who, because of the type of employment, may pose a threat to members of the public. An employer is liable for negligent hiring and retention if the employer knew or should have known that its employee had violent and criminal propensities. However, the employer does not need to foresee the employee's specific behavior. An employer may be liable if they failed to accurately check an employee's references, criminal records, or background information that may have shown the employee's likelihood for criminal behavior. Additionally, an employer may be liable if they failed to dismiss an employee after finding out the employee was a violent or abusive individual.
