In DDN V FACE, a Music-Festival Organizer Hired a Man Who Had

In D.D.N. v. FACE, a music-festival organizer hired a man who had a conviction for criminal sexual assault without doing a background check. The man was hired to be camping staff, front. He was given a staff T-shirt, and a wristband that gave him access to all parts of the concert venue. He sexually assaulted a concert-goer, and she sued for neghligent hiring. Although the hiring manager acknowledged an increased risk of sexual assault in that venue, the employer argued that they owed her no duty, and her injury was not foreseeable. The court ruled that:

A) the employer was liable under respondeat superior because the assault occurred on concert grounds, and was carried out by a management-level employee
B) the employer was liable for negligent hiring because employers are legally obligated to perform criminal background checks and contact references for all persons hired
C) the employer was liable for negligent hiring because sexual assault was an increased risk in this venue, it was foreseeable that an unfit person hired as for this position could harm others, and the employer failed to conduct an adequate background check
D) the employer was not liable for negligent hiring because even if it had undertaken a more thorough background check, clear evidence of unfitness for the job was not available
E) none of the above