CACI No. 426

[Name of plaintiff] claims that [he/she/ nonbinary pronoun] was harmed by

[name of employee] and that [name of employer defendant] is responsible

for that harm because [name of employer defendant] negligently [hired/

supervised/ [or] retained] [name of employee]. To establish this claim,

[name of plaintiff] must prove all of the following:

1. [That [name of employer defendant] hired [name of employee];]

2. That [name of employee] [[was/became] [unfit [or] incompetent] to

perform the work for which [he/she/ nonbinary pronoun] was hired/

[specify other particular risk]];

3. That [name of employer defendant] knew or should have known

that [name of employee] [[was/became] [unfit/ [or] incompetent]/

[other particular risk]] and that this [unfitness [or] incompetence/

[other particular risk]] created a particular risk to others;

4. That [name of employee]’s [unfitness [or] incompetence/[other

particular risk]] harmed [name of plaintiff]; and

5. That [name of employer defendant]’s negligence in [hiring/

supervising/ [or] retaining] [name of employee] was a substantial

factor in causing [name of plaintiff]’s harm.

New December 2009; Revised December 2015, June 2016