The local YMCA is hiring a driver for their after school pick up program. On the employment application, the YMCA specifically asks if the applicant has ever been arrested. Jim applies for this job at the YMCA and answers no to that question. He also answers no to the question that asks if there is any reason that he would not be qualified to work with children. Soon after Jim is hired, he has an accident in the YMCA’s van after picking kids up from and elementary school causing serious injuries to several of the children. It is discovered at trial that Jim had a prior DWI conviction. If the parents sue the YMCA:
The YMCA is not liable because it made a good faith effort to screen applicants and because it specifically asked about past indiscretions.
The YMCA is liable because Tina was dealing not with the public but only with children.
The YMCA is liable for negligent hiring.
The YMCA is liable for negligent retention