Parental liability- limited to intentional acts of children w low cap on damages. Describe the incident that resulted in the injury or damages, specifically answering the questions who, what, where, when, and why. 14.Employers may also be liable if they are negligent in selecting, hiring or retaining an employee. If a plaintiff's comparative negligence does not lessen the probability that the defendant was also negligent, then requirement 2 is met as to that defendant. Yet pockets of something like strict liability remain. States has not waived its sovereign immunity under the FTCA for claims based on the alleged negligence of non employees . . . . Torts Outline I. Intentional Torts. Torts Outline Jessica Lau II. Unintentional Fault: Negligence. The employee and employer are both liable in tort for the same injury to plaintiff. In Florida, the torts of negligent retention and supervision were first recognized in Mallory v.