Question

The Happy Days Day Care is hiring a child care worker. On their application they specifically ask if you've ever been arrested. Tina has applied for a job at Happy Days and answered no to the question. She has also answered no to the question asking if there is any reason that she would not be qualified to work with children. Soon after Tina is hired she severely shakes a baby to stop it from crying causing the baby injuries. It is discovered at trial that Tina has been fired from numerous day cares for baby shaking and other various offenses. If the baby's parents sue Happy Days:
A.Happy Days is not liable because they made a good faith effort to screen applicants because they specifically asked about past indiscretions.
B.Happy Days is liable because Tina was not dealing with the public, only with children.
C.Happy Days is liable for negligent hiring.
D.Happy Days is liable for negligent retention.

Answer

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