IE 447 Chapter 17 Assignment
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School
New Jersey Institute Of Technology *
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Course
447
Subject
Industrial Engineering
Date
Dec 6, 2023
Type
docx
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1
Uploaded by geovanibaak
IE 447 Chapter 17 Assignment – Geovani Baaklini
1.
The plaintiff's best argument to establish that Dean Brother's Corp. is responsible for BSP's
actions is through the legal concept of "vicarious liability." This concept holds employers
responsible for the wrongful actions of their employees, committed in the course of their
employment. In this case, Dean Brother's Corp. hired BSP to provide security services, including
the use of firearms by some guards, to protect their property. Thus, BSP's security guards,
including Sidell, were acting within the scope of their employment when providing security
services at Dean Brother's Plant, including carrying firearms. Additionally, Wyden, the plant
superintendent, was aware that some BSP guards carried firearms, but he did not take any
action to prevent them from doing so. Therefore, the plaintiff can argue that Dean Brother's
Corp. was negligent in hiring and supervising BSP, which ultimately led to Gaines' death, and is
thus vicariously liable for BSP's actions.
2.
Dean Brother's Corp.'s best defense would be to argue that they were not negligent in hiring and
supervising BSP, and that BSP was an independent contractor responsible for its own actions. To
support this defense, Dean Brother's Corp. could argue that they had no control over BSP's hiring
and training practices, and that BSP was solely responsible for ensuring that its employees were
properly certified and trained to carry firearms. Additionally, Dean Brother's Corp. could argue
that they were not aware that Sidell was carrying a firearm without certification, and that BSP
was responsible for ensuring that its employees were in compliance with all applicable laws and
regulations. Therefore, Dean Brother's Corp. could argue that they were not vicariously liable for
BSP's actions, and that any negligence on the part of BSP was solely responsible for Gaines'
death. However, to successfully use this defense, Dean Brother's Corp. would need to
demonstrate that they had exercised reasonable care in selecting and supervising BSP, and that
they had no knowledge or reason to know that BSP was not complying with all applicable laws
and regulations.
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