As West Palm Beach sexual assault lawyers can explain, many civil sexual abuse cases are filed against employers because predators too often gain access to victims while acting in their professional capacity. Claims of negligent hiring stem from Florida courts’ recognition that employers can be held liable for their employees’ willful negligence or even criminal misconduct (including sexual assault) if the employer knew or should have known prior to hiring that the worker posed a possible threat to the public.
When a company fails to properly vet its employees, this can be a breach of the duty of reasonable care owed to customers, clients, visitors, patients, students, etc. Thorough background checks may be especially important when the job is one of significant trust or involves serving vulnerable populations. Examples may include (but aren’t limited to):
- Police officers
- Medical professionals
- Nursing home staff
- Hotel staffers
- School sports organizations
A claim of negligent hiring asserts employer liability for failure to exercise due diligence in hiring someone, who in turn goes on to injure someone in the course of their employment. This sort of claim isn’t limited to sexual assault cases. For example, a trucking company that fails to check truckers’ past driving records could be fairly accused of negligent hiring if a driver with a spotty driving history later causes a serious crash.
Related torts include negligent retention (employer was negligent in continuing to employ the person) and negligent supervision (employer failed to adequately supervise employee). For each, plaintiffs must prove that the employer’s lapse proximately caused the plaintiff’s injury. Negligent security is another possibly related tort. Negligent security is when abuse or assault occurs on the premises of a property owner/manager that failed to provide an adequate level of security. Continue reading