What is Considered Negligent Hiring in Florida?

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Negligent hiring in Florida occurs when an employer fails to conduct proper background checks, like reviewing criminal records and qualifications. If the employee’s behavior causes harm that could have been prevented with proper vetting, the employer can be held liable.

In Florida, this includes checking criminal records, work history, and qualifications. Employers are expected to take appropriate precautions to ensure that new hires are suitable for the role and do not create foreseeable harm to coworkers, customers, or the public.

If an employer fails to do so, their actions could constitute negligent hiring. The company could be held liable for any harm caused by an employee who was unfit for the role. Negligent hiring arises often in accident cases, so it’s important to retain a Florida personal injury attorney who will help you recover compensation for these harms. Plus, you can review what constitutes negligent hiring in Florida, the legal requirements for proving such a case, and how this type of claim can impact both employers and victims of workplace negligence.

What Is Negligent Hiring?

Negligent hiring occurs when an employer hires someone without adequately evaluating their employment history, background, qualifications, or criminal histories, which leads to foreseeable harm. In essence, employers are expected to use due diligence and take reasonable steps to ensure that the people they hire do not pose an undue risk to others. If the employer fails in this duty, and the employee causes harm due to their incompetence or dangerous behavior, the employer can be held legally responsible under the doctrine of negligent hiring.

For example, a waste management company hires an employee to drive a garbage truck, and that employee has several DUI convictions and has been involved in multiple accidents. If that employee then injures another while driving their garbage truck, the employer will likely be found liable for negligent hiring because they failed to exercise reasonable care when onboarding that employee.

In Florida, negligent hiring claims typically arise when an employee engages in conduct that causes injury, such as violence, theft, fraud, or sexual harassment. The key factor in these cases is whether the employer knew or should have known about the employee’s dangerous tendencies or history. For example, if an employer hired a delivery driver with a history of DUIs and that driver causes a serious car accident, the employer could be liable for negligent hiring if it is proven that the prior offenses were discoverable during a standard background screening.

Florida Law on Negligent Hiring

Negligent hiring is governed by both Florida law law and legal precedent. Although there is no specific Florida statute that exclusively outlines negligent hiring, the state courts often refer to the general principles of tort law. Employers are expected to exercise reasonable care when hiring new employees. This means taking steps like conducting criminal background checks, verifying work history, and contacting references to ensure that the individual is qualified and unlikely to cause harm in the course of their duties.

Additionally, Florida has specific laws governing industries where background checks are legally mandated, such as healthcare, education, and childcare. Employers in these fields must comply with stringent screening processes to protect vulnerable populations. Failing to follow these regulations can strengthen a case of negligent hiring.

Florida courts also recognize that the scope of an employer’s liability may depend on the foreseeability of the harm. If an employer could reasonably foresee that hiring someone with a history of violence might lead to injury or harm, the employer might be liable for negligent hiring in an employee-involved attack.

Negligent Hiring and Florida Injury Claims

If you are injured by an employee of a company, negligent hiring could play a crucial role in your ability to recover compensation. Negligent hiring claims allow injured victims to hold employers accountable for the actions of their workers when those workers should not have been hired in the first place. For example, if you were assaulted by a security guard who had a history of violent crime, you could potentially sue the employer for negligent hiring.

One of the key benefits of pursuing a negligent hiring claim is that it allows you to seek compensation from the employer, who is more likely to have the financial resources to pay damages than the individual employee. In Florida, injured parties can recover compensation for medical bills, lost wages, pain and suffering, and other damages that arise from negligent hiring incidents.

Victims of negligent hiring cases must prove that the employer knew or should have known about the employee’s unfitness for the job, and that this unfitness directly caused the harm suffered. This makes it critical for victims to gather as much evidence as possible, such as past criminal records, employee evaluations, and records of any incidents involving the employee.

Facts About Negligent Hiring

You should be aware of the different kinds of disputes that may fall under the umbrella of negligent hiring because your rights could be similar. While negligent hiring focuses on the employer’s responsibility at the time of hiring, it goes hand-in-hand with two other legal concepts:

Negligent retention occurs when an employer keeps an employee on staff even though they have exhibited behavior or performance issues that make them a risk to others.
Negligent supervision refers to the employer’s failure to properly oversee and control the actions of employees, which can lead to harm.

Negligent retention and supervision address the employer’s ongoing duty to monitor and manage employees after they are hired. Both claims are similar in that they hold employers responsible for allowing dangerous or unfit employees to remain in positions where they can cause harm.

Plus, there are additional facts that are helpful to know.

Duty of Care: This concept determines whether an employer had a legal duty of care to the plaintiff as it depends on the case’s specific circumstances.
Comparative Negligence: Florida follows a pure comparative negligence rule, meaning that the court considers the plaintiff’s actions when determining the damages. If the plaintiff is partially at fault, damages are reduced.
Statute of Limitations: Florida has a two years statute of limitation for negligence claims.
Proof of Causation: The plaintiff must prove that the defendant’s negligence was the direct cause of the harm to the plaintff.

Legal issues surrounding these claims often include disputes over the adequacy of background checks, the level of supervision provided by the employer, and the foreseeability of the harm caused by the employee’s conduct. In Florida, employers must be diligent in monitoring their staff and taking appropriate action when they discover signs of potential danger.

Proof in a Florida Negligent Hiring Case

Proving a case of negligent retention or supervision in Florida requires showing that the employer failed to act reasonably in managing its employees. Specifically, the plaintiff must demonstrate the following elements:

The employee in question posed a foreseeable risk of harm to others.
The employer knew or should have known about the employee’s dangerous tendencies or unfitness for the role.
The employer failed to take appropriate action to mitigate the risk, such as terminating or reassigning the employee.
The plaintiff was injured as a direct result of the employer’s failure to act.

In negligent supervision cases, it is crucial to show that the employer failed to properly oversee the employee’s activities or failed to prevent the employee from causing harm. For example, if an employee with a history of theft is left unsupervised in a client’s home and steals valuable property, the employer may be liable for negligent supervision.

Defenses to Negligent Hiring

Employers facing negligent hiring claims in Florida often raise several defenses to avoid liability. One common defense is that the employer conducted a reasonable background check and did not find any disqualifying information about the employee. Employers may also argue that the employee’s actions were unforeseeable, meaning there was no reason to suspect the employee would engage in harmful behavior.

Additionally, employers may claim that the plaintiff’s injuries were caused by factors outside of their control, such as the plaintiff’s own negligence or the actions of a third party. In some cases, employers may also argue that they were complying with industry standards or legal requirements regarding employee screening and supervision.

How to Detect Signs of Negligent Hiring

There are several warning signs that may indicate an employer has engaged in negligent hiring. One key sign is the failure to conduct thorough background checks on new employees. Employers who skip background screenings or ignore red flags in an applicant’s history may be setting themselves up for negligent hiring claims.

Another warning sign is inadequate training or supervision of new hires. If an employer fails to provide proper onboarding or fails to monitor employees’ performance, this could lead to negligent hiring, retention, or supervision claims down the line. Employers should also take note of any employee complaints or incidents involving misconduct, as these could be indicators of a potentially dangerous situation.

Examples of Potential Cases for Negligent Hiring Claims

Negligent hiring claims can arise in a variety of industries and settings. One common example is a rideshare company that fails to properly vet its drivers. If a rideshare driver with a history of reckless driving causes an accident, the company could be held liable for negligent hiring. Similarly, a hospital that hires a nurse without checking their licensing or disciplinary history could face a negligent hiring claim if the nurse harms a patient.

Another example is a construction company that hires workers without verifying their qualifications. If an unqualified worker causes an injury on a job site, the employer could be liable for failing to ensure the employee was fit for the position.

As a practical matter, the Equal Employment Opportunity Commission (EEOC) publishes a guide for employers on how to make the negligent hiring risk less likely to happen. Companies that follow these guidelines might use their compliance as a defense, so it’s important that you work with a lawyer who is familiar with these negligent hiring laws.

These examples highlight the importance of thorough hiring practices and ongoing employee management to minimize the risk of negligent hiring claims.

Answers to FAQs About Negligent Hiring in Florida

What is the statute of limitations on negligent hiring in Florida?

In Florida, the statute of limitations for negligent hiring claims is generally two years from the date the injury or harm occurs. This means that the injured party must file a lawsuit within two years of the incident caused by the negligent hiring. However, in some cases where the harm is not immediately apparent, the clock may start when the injury is discovered, following the “discovery rule.”

What is considered negligence in Florida?

Negligence in Florida occurs when someone fails to act with the level of care that a reasonably prudent person would in the same situation. To prove negligence, the injured party must show that the defendant owed them a duty of care, breached that duty, and caused harm or injury as a direct result. This concept applies to many legal cases, including personal injury, premises liability, and employment-related claims like negligent hiring.

What is the difference between negligent hiring and retention?

Negligent hiring refers to an employer’s failure to properly vet an employee before they are hired, leading to foreseeable harm caused by that employee. Negligent retention, on the other hand, occurs when an employer becomes aware of an employee’s unfitness or dangerous behavior after hiring them but fails to take appropriate action, such as termination or reassignment, and this failure results in harm.

What does negligent hiring mean that an employer has done?

Negligent hiring means that an employer has failed to take reasonable precautions in the hiring process, such as conducting background checks, verifying qualifications, or investigating past behavior. If the employee then causes harm due to their dangerous or unfit character, the employer can be held legally responsible for hiring someone they knew or should have known was a risk.

What’s the difference between negligent hiring and vicarious liability in Florida?

In Florida, negligent hiring and vicarious liability are two distinct legal concepts related to employer responsibility, but they apply in different ways.

Negligent hiring occurs when an employer fails to properly screen or investigate a potential employee’s background and qualifications during the hiring process.

Vicarious liability, also known as respondeat superior, is when an employer is held legally responsible for the actions of their employee, even if the employer did nothing wrong themselves. When the employee’s actions occur within the scope of their employment, attorneys can help establish evidence showing the duties were assigned by the employer at the time of the accident.

Contact a Florida Personal Injury Attorney to Discuss Options

Negligent hiring in Florida is a serious issue that can result in significant harm to employees, clients, and the public. Employers have a legal duty to vet their employees carefully and ensure they do not pose an undue risk to others. Failing to do so can lead to devastating consequences, both for victims of negligent hiring and for employers who are held accountable. By understanding the legal principles surrounding negligent hiring, retention, and supervision, both employers and employees can take steps to protect themselves and avoid potential legal disputes.

If you believe you’ve been harmed due to negligent hiring, you don’t have to face the legal process alone. Contact Rosen Injury Law, P.A. for a free consultation to discuss your case and learn your legal options. Visit our website or call us today at (954) 787-1500 to protect your rights and hold employers accountable for their negligence.