What defines negligent hiring?
Nobody goes to work assuming they are going to be hurt, injured, or otherwise unprepared for work; however, accidents can still happen from time to time. Some of the most common injuries that someone might suffer at work include head injuries, wrist injuries, herniated discs, and muscular hernias. One of the most common reasons why someone might get hurt while on the job is due to negligent hiring. It is important for everyone to familiarize themselves with negligent hiring and how a trained attorney can provide assistance.
Negligent hiring is a claim that can be made by someone who has been injured at work against his or her employer. This claim is based on the theory that the employer should have known about certain factors in an employee’s background. The claim is that, if these factors had been known, the accident, injury, or consequences of the job could have been avoided. Some of the most important factors of pre-employment checks include background checks, drug testing, and even employment physical exams. With due diligence, negligent hiring claims can be avoided.
A majority of the states in this country recognize that the employer is responsible for thoroughly checking the background and references of each and every job applicant who crosses the desk. This is especially important for jobs that are located in a position of high public visibility. A few examples of jobs where these claims are common include rental apartment jobs, condominium jobs, real estate agents, maintenance personnel, and delivery people. These are all individuals who have access to the living areas of local citizens. Therefore, they might be in a position to do harm to these individuals.
In order for someone to win a negligent hiring case, the person filing the claim will need to demonstrate that the employee had a history of similar conduct. For example, if one employee assaults another employee and the assaulted employee files a lawsuit against the employer for negligent hiring, the plaintiff, in this case, will need to show that the initial employee had a record of similar conduct. Often, the employer simply didn’t do a background check. Now, the employer is liable for the damages caused to the employee by the assault. Because laws can vary from state to state, it is important for everyone to rely on the expertise of a lawyer.
When someone gets hurt while at work, he or she might have trouble making ends meet. This is why it is important to rely on the assistance of a trained attorney. In Phoenix, AZ, the team of Lamber and Goodnow has been fighting for the rights of the local citizens from day one. Anyone who has suffered an injury needs to discuss their options with an experienced lawyer.