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Negligent Employment

General Injury Law : Negligent Employment

Under Florida negligence law, there is a duty among private employers who hire, supervise, and retain employees whose negligent or intentional acts of employment can foreseeably cause injuries to third parties.  Under appropriate circumstances, an employer may be held liable for its negligence in hiring, supervising, or retaining an employee who may constitute a danger to others.  Liability exists when during the course of employment, an 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.  A West Palm Beach negligent employment lawyer will examine a claim and determine whether the specific danger that an employee posed that ultimately manifested itself could have been foreseen.

Accordingly, a West Palm Beach negligent employment lawyer will establish a claim for negligent hiring by proving that:

 

  • An employer was required to make an appropriate investigation of an employee and failed to do so;

    An appropriate investigation would have revealed the unsuitability of the employee for the particular duty to be performed or for employment in general; and

    It was unreasonable for the employer to hire the employee in light of the information he or she knew or should have known.

     

    An employer is liable for negligent hiring when that 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.

    Additionally, to prove a cause of action for negligent supervision under Florida law, a West Palm Beach negligent employment lawyer will prove:

     

    The existence of a relationship giving rise to a legal duty to supervise;

    Negligent breach of that duty; and

    Proximate causation of injury by virtue of the breach.

     

    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.

    Further, an experienced West Palm Beach negligent employment lawyer will examine a claim for negligent retention and determine:

     

    Whether an employer should have known of the employee's problems;

    Whether the employer owed a duty to the plaintiff as a result of a relationship between the employment and the third party; and

    Whether the plaintiff was within the zone of foreseeable risk created by the employment.

     

    A claim for a negligent hiring, supervision, or retention can be a complex, expensive, and an emotionally charged action. Therefore, if you believe you have a claim for negligent employment you need an experienced West Palm Beach negligent employment lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

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