Negligent hiring expert witness services

What is negligent hiring?

Negligent hiring is a legal theory under tort law that holds an employer liable for harm caused by an employee if the employer failed to exercise reasonable care in assessing the employee’s fitness for the job before hiring them. This concept arises when the employer’s lack of due diligence in the hiring process results in hiring someone who is unfit or poses a foreseeable risk of harm to others.

Key aspects of negligent hiring

FORESEEABLE RISK

The employer knew or should have known that the employee’s background, history, or qualifications made them unsuitable for the job and potentially dangerous to others.

LACK OF DUE DILIGENCE

The employer did not take reasonable steps, such as conducting background checks, verifying references, or ensuring proper qualifications and skills.

CONNECTION TO HARM

The employee’s unfitness or dangerous tendencies directly contributed to harm or injury suffered by another person.

ELEMENTS OF A NEGLIGENT HIRING CLAIM

To succeed in a negligent hiring case, the plaintiff must generally prove the following elements:

Duty of Care: The employer had a duty to exercise reasonable care when hiring employees, especially for roles that could pose risks to others.

Breach of Duty: The employer failed to conduct a reasonable background check or screening that would have revealed the employee’s unfitness for the job.

Causation: The employer’s breach of duty directly led to the harm. The plaintiff must show that the employer’s failure to vet the employee was a key factor in the incident.

Harm or Damages: The plaintiff suffered actual harm as a result of the employee’s actions.