In negligent retention cases under Florida negligence law, there is a duty among private employers who hire, retain, or supervise employees whose negligence or intentional acts in positions of employment can foreseeably cause injuries to third parties. Although the scope of employment is not an essential element for an action for negligent retention, proximate cause is an essential element that must be pleaded and proved in any cause of action in tort for negligence, and a third person's injuries must be a proximate cause of the employment of the incompetent servant. Therefore, in negligent retention cases under Florida law, the ultimate question of liability to be decided is whether it was reasonable for an employer to permit an employee to perform his or her job in light of the information about the employee that the employer should have known. For example, an employer may be liable for an assault by an employee on a third party because of the employer's negligence in retaining the employee with knowledge for his or her propensity for violence. Additionally, a customer need not be on the employer's premises where a duty is found to be owed by an employer to one of its customers, if the employer knows that its employee has free and independent access to its customer's home.

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.