Case Citation: 19-5 tort: Jennifer Hoffman v R&K Trading, Inc.
Relevant Points of Law:
- Persons who violate the requirements of the law on personal data, depending on the specific circumstances and the seriousness of the act, may face not only administrative and criminal liability but also civil and even disciplinary.
- To determine whether emotional distress was really caused by negligence or intentionally.
Verdict: For Jennifer Hoffman
Facts & Legal Reasoning:
In 2007, the plaintiff brought her phone for repair to R&K Trading, Inc., where an employee took her phone and took it to the utility room. There he took her personal photos and other data and distributed them. According to the law, the company should not be held responsible for the activities of employees if they act for their own motives. However, the company could not provide enough evidence that their employee acted in their personal interests (19-5 tort: Jennifer Hoffman v R&K Trading, Inc.). That is, in this case, the company’s guilt is proven, and satisfaction of Jennifer Hoffman’s claim is required.
In addition, the company did not fulfill its obligations, which consisted of negligent hiring. Management did not provide evidence that it was unaware of the employee’s propensities to misconduct. It was revealed that employees not only distributed customer information, but also deleted personal data from customers’ phones without their consent or permission. The company has not provided any documents and evidence for each of the charges. That is, they did not have the right for the court to make decisions in a simplified manner. The company is guilty of theft and dissemination of personal data, as well as negligence in hiring employees.
Work Cited
19-5 tort: Jennifer Hoffman v R&K Trading, Inc.