Employers are required by law to practice due diligence when hiring, training, and supervising their employees. If someone happens to get hurt because a specific employer didn’t follow those rules, the employer can be held liable for negligence.
Negligent Hiring Basics
The main elements in negligent hiring, training, and retention claims fall under four categories. The employer is responsible for hiring competent workers; the employer failed in that responsibility; that employer’s breach of duty created conditions that caused the plaintiff’s harm; or the injury sustained by the plaintiff applies to a specific legal stipulation that allows for recovery.
How to Evaluate a Negligent Hiring Lawsuit
There are several aspects to consider when evaluating if a negligent hiring lawsuit can be initiated against an employer because of injuries suffered due to one of their workers. These factors can be summarized as follows: whether the employer was aware that their employee was not fit to conduct such duties, or whether the ineptness of the employee caused the injuries in question.
A Plan of Action
A plaintiff’s lawyers must demonstrate that an organization knew a specific employee was unfit for a particular task. Employers can typically find out the suitability of an individual for work by conducting extensive background checks on potential employees. But when the employer ignores the background check that would reveal more information about the potential risk posed by an employee, the employer is inevitably liable for any damages caused. If an employer has ignored an employee’s demonstrated harmful or reckless behavior, and this behavior inevitably causes injury or property damage, the employer may be liable for negligent retention.
If you believe you have suffered personal harm or material damage due to negligent hiring, training, and retention, it’s important to get professional help as soon as possible. The attorneys at Leav & Steinberg LLP have high success in settling claims for our New York clients and are happy to help you get the best results. Contact us to request your free consultation with our experienced team.