Comcast worker Jose Torres was charged on Friday with aggravated assault of a child, and Houston police are looking for him. Torres is accused of raping a 14-year old girl 2 days after visiting her home. Torres visited the family’s home last summer trying to sell them cable service from Comcast, according to investigators. The girl told police that 2 days later Torres returned to her family’s trailer, broke in while she was sleeping and held a knife to her throat. The 14-year old later identified Torres from a photo spread; Torres had left his business card at the home.
KPRC Local News Channel 2 called the number on the business card Monday afternoon and spoke to Torres who told their reported Phil Archer that he is cooperating with law enforcement and that the accusation of rape is due to mistaken identity. Torres told the reporter that he met with police and submitted his DNA, however police say no testable DNA was recovered from the scene. A Comcast spokesman said that Torres worked for a Comcast contractor, that he passed a criminal background check and that he was fired shortly after a police investigation.
Generally an employer is responsible for the actions, including negligence, of its employees provided the employee’s actions were within the course and scope of employment. This is known as vicarious liability and also known as respondeat superior. Put another way, an employer will answer for the wrongs of an employee provided what the employee was doing at the time was part of the employee’s typical work duties. On the other hand if the employee did something well outside the course and scope of his/her employment, the employer is probably not responsible. Under certain circumstances an employer may be responsible for an employee’s acts that are outside the course and scope, for example if the employer negligently hired the employee, negligently trained them, or negligently retained them. One example would be if an employer knew an employee would have access to vulnerable members of the public, such as children, yet the employer failed to do a background check on the employee or respond to complaints about the employee behaving inappropriately toward children.
If you or a loved one have been injured by the negligent or intentional acts of a company employee, call or email the experienced Houston personal injury attorneys at Smith & Hassler for a no charge consultation and review of your case. Large companies put their resources to work right away when they believe they are facing a legal problem: let the attorneys at Smith & Hassler advise you of your legal rights as soon as possible.
Comcast employee Jose Torres is facing rape charges after allegedly assaulting a 14-year old Houston girl in her family's trailer.
