Negligent hiring and negligent supervision are legal concepts that can arise in cases where an employer hires an employee who later causes harm to another person. These concepts can be important in cases where an employee engages in wrongful conduct, such as assault or theft, while on the job.
Negligent Hiring
Negligent hiring occurs when an employer fails to exercise reasonable care in hiring an employee who has a history of misconduct, criminal activity, or other red flags that should have been discovered during the hiring process. For example, if an employer hires a driver who has a history of DUI convictions and the driver later causes a car accident while on the job, the employer may be held liable for negligent hiring.
To establish a claim for negligent hiring, the plaintiff must prove that:
- The employer owed a duty to exercise reasonable care in hiring the employee.
- The employer breached that duty by failing to exercise reasonable care.
- The employee's conduct was foreseeable based on his or her prior history.
- The employee's conduct caused harm to the plaintiff.
Negligent Supervision
Negligent supervision occurs when an employer fails to provide adequate supervision or training to an employee who then engages in wrongful conduct. For example, if an employer fails to properly train a security guard and the guard fails to prevent a theft, the employer may be held liable for negligent supervision.
To establish a claim for negligent supervision, the plaintiff must prove that:
- The employer owed a duty to provide adequate supervision or training.
- The employer breached that duty by failing to provide adequate supervision or training.
- The employee's conduct was foreseeable based on the employer's failure to provide adequate supervision or training.
- The employee's conduct caused harm to the plaintiff.
In both cases, the plaintiff must prove that the employer's actions or omissions were the proximate cause of the harm suffered. This can be a complex and fact-specific inquiry that requires a thorough understanding of the law and the specific facts of the case.
If you have been injured as a result of an employee's wrongful conduct, it's important to speak with an experienced personal injury attorney who can evaluate your case and determine whether negligent hiring or negligent supervision may be factors. At our law firm, we have years of experience representing clients in a wide range of personal injury cases, including those involving negligent hiring and supervision. Contact us today to schedule a consultation and learn more about your legal rights and options.
Preventative Measures for Employers
To avoid liability for negligent hiring and negligent supervision, employers should take steps to thoroughly screen job applicants and provide adequate supervision and training to their employees.
When hiring new employees, employers should conduct background checks, verify references, and conduct interviews to ensure that the applicant is qualified for the position and has no history of criminal or other misconduct. Employers should also make sure to document their hiring process and keep records of all interviews, background checks, and reference checks.
Once an employee is hired, employers should provide adequate training and supervision to ensure that the employee understands his or her job duties and has the skills and knowledge necessary to perform those duties safely and effectively. Employers should also conduct regular performance reviews to identify any areas where additional training or supervision may be needed.
By taking these steps, employers can help to reduce the risk of employee misconduct and minimize the risk of liability for negligent hiring and supervision. If an employee does engage in wrongful conduct, employers should take swift and appropriate action to address the situation and prevent similar incidents from occurring in the future.
Conclusion
Negligent hiring and negligent supervision are legal concepts that can have significant implications for employers who hire employees who later engage in wrongful conduct. If you have been injured as a result of an employee's actions, it's important to speak with an experienced personal injury attorney who can evaluate your case and determine whether these concepts may be relevant.
Fassonaki Law Firm, P.C., located in Calabases, Los Angeles County and serving California injury victims, has knowledge and experience necessary to handle complex personal injury cases involving negligent hiring and supervision. We are committed to providing compassionate and effective legal representation to help our clients seek the compensation they deserve. Contact us at 323-524-8994 today to schedule a FREE CONSULTATION and learn more about how we can help you.