James Keller was an employee at Radical Boards, Inc. Radical Boards is a surf and skateboard shop that also sells clothing. While employed there, Radical Board's principal shareholder discovered that Keller had created peep holes in the shop's dressing rooms. When confronted with the peep holes, Keller denied every using them and indicated that they were there to prevent shoplifting. The shop manager was told to fire Keller. Shortly after Keller left, a 16-year-old and her mother filed suit because the teen learned, through conversations with Keller, that he had seen her in the dressing room while she was trying on swimming suits. Keller was able to describe her not- generally-seen birthmarks to her. Radical Boards:

Question

Quizplus · Accepted Answer

Radical Boards could be held liable under a theory of negligent failure to supervise. Despite Keller's claim that the peepholes were for preventing shoplifting, it is reasonable for the employer to check on the employee's motives and activity related to the peephole in dressing rooms. Furthermore, the incident happened while Keller was still acting as a representative of the store, and it could be argued that the store did not take enough precautions to prevent harming its customers.

James Keller Was an Employee at Radical Boards, Inc