In a negligent retention action, to establish a duty to a third party by an employer, a privity of contract between the employer and a third party is not essential to impose liability on the employer. The employer's duty to use reasonable care extends to a third person that is not a party to a contractual agreement, or is not a customer, licensee, or invitee, if the employer has a legal duty to the third party, arising out of the relationship between the employment and the third party. Additionally, the third party must be within the zone of foreseeable risk created by the employment. Further, in order for a duty of care to be imposed on an employer, an experienced West Palm Beach negligent retention lawyer will prove the following:
-
Both the third party and an employee must be in places where each has a right to be when the wrongful conduct occurs;The third party must meet the employee as the direct consequence of the employment; andThe employer has to receive some benefit, even if only a potential or indirect benefit, from the meeting between the employee and a third party, had the wrongful act not occurred.Therefore, the defendant employer will only be held liable when an employer has somehow been responsible for bringing a third person into contact with an employee, whom the employer knows or should have known is predisposed to committing a wrong, and the employer owes that person a legal duty to protect them from harm. Prior employment history of an employee may be considered if it is relevant for proving that the employer knew or should have known of the employee's predisposition for wrongdoing.A claim for a negligent retention can be a complex, expensive, and an emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach negligent retention lawyer. If you believe you have a claim for negligent retention you need an experienced West Palm Beach negligent retention lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
Call 1-800-74-TRIAL
Call 1-800-74-TRIAL
