Representing Clients Injured Due to Negligent Hiring in Union County
We assume before someone is hired at a company a thorough background check is completed on an employee. An employer has a duty to make sure it hires competent, well-adjusted persons to deal with the general public. In fact, an employer is liable if the exposes members of the public to a potentially dangerous individual from the employee’s criminal and/or tortious conduct. The employer is liable if the act was committed during the course of, and within the scope of, employment. Furthermore, an employee may be liable for your injuries if the Company negligently hired an employee if the employer was negligent in the manner in which the employee hired, supervised or retained an inappropriate or unfit employee.
In order to hold an employer liable for negligent hiring, you must show that the employer failed to exercise reasonable care in hiring the employee in question, you must find two things
- The employer knew or had reason to know of the particular unfitness, incompetence or dangerous attributes of the employee; and
- The employer could have reasonably foreseen that hiring a person with the employee’s attributes created a risk of harm to others, whether on or off the premises.
An employer may be held liable if the employer actually know, or through a reasonable investigation should have known that the employee possessed inappropriate or dangerous characteristic, attribute or tendency that made the employee an unacceptable candidate for the position. At Mark | Lavigne, LLC, the team is experienced in representing clients harmed by a negligent employer.
Now, just because someone is injured does not automatically mean the employer is liable. Foreseeability is required. The main test is whether or not it was foreseeable that the employee would create the danger created under the circumstances. You can’t look back in hindsight and judge the employer, but instead, must analyze what information the employer had at the time of hiring.
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At Mark | Lavigne, LLC, our highly qualified team will listen to you. We are dedicated to all of our clients. Don’t hesitate. Contact Mark | Lavigne, LLC to speak to an attorney. To discuss your case with us call 888-734-8287 or contact us online for your free confidential consultation today.