In negligent supervision 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. An actionable negligent supervision case exists when, during the course of employment, employer knows or should have known of problems with an employee that indicate his or her unfitness, but the employer fails to take further action, such as investigation, discharge, or reassignment. In order for an employer to be held liable for negligent supervision of an employee, the employer must have had constructive or actual notice that the employee was unfit to work. Additionally, the underlying misconduct allegedly committed by an employee in a negligent supervision claim must be based on an injury resulting from a tort that is recognized under common law. Therefore, an employer may be held liable for negligence in failing to properly supervise and take corrective measures for an employee who may constitute a danger to others. However, when an employer fails to take corrective action against an employee because the employer has no notice of problems with the employee's fitness, that employer is not liable for negligent supervision.

To prove a cause of action for negligent supervision under Florida law, the plaintiff must show: