Personal Injury Newsletter

Employers' Liability for Failing to Screen Potential Employees

“Negligent hiring” is a legal doctrine that holds employers liable for unlawful acts committed by their employees. The issue arises when an employer hires a person that she knew or should have known could pose an undue risk of harm to others within the course and scope of employment.

Under this doctrine, the employer has the responsibility for checking the background and references of any job applicant before placing that individual in a situation of contact with the public. Examples of businesses particularly at risk may include:

Schools
Housing
Youth organizations
Customer-service

Establishing a Claim Under Negligent Hiring

A person that alleges injuries caused by an employee and expects to hold the employer liable under the doctrine of negligent hiring must show that:

The employer owed a duty to that person because there was an association or connection between that person and the services or business the employer provides;
The nature and frequency of the employee’s contact with the public may pose a potential risk of harm; and
Evidence of the employee’s potential risk to others existed prior to and at the time of the hiring and that the employer failed to investigate.

Negligent Hiring Frequently Cited in Litigation

In December, 2005, the parents of an eight year-old boy filed a lawsuit against FedEx Corp., alleging the negligent hiring of Paul Sykes, a convicted sex offender. The lawsuit alleged that Sykes approached the family at the Connecticut FedEx Kinko’s store where he was employed, and offered to repair their home computer. While visiting their home to repair the computer, Sykes allegedly assaulted their son. The lawsuit asserted that FedEx knew, or should have known, of Sykes’ dangerous propensities as a sexual predator. In April of 2007 Sykes was sentenced to 12 years in prison for the molestation. In 2008, a federal judge dismissed the civil lawsuit against FedEx, ruling the company could not be held responsible for the conduct of its employee outside the workplace. The case is currently on appeal.

Recoverable Damages and the Collateral Source Rule
In addition to laws passed by legislatures, there exists a body of principles derived from court decisions and other judicial sources called the “common law.” Courts frequently rely on common law in deciding cases. One common law... Read more.
Mass Tort Litigation
A class action suit is a claim brought by one or more individuals on behalf of themselves and others with similar claims. There are several types of cases appropriate for a class action lawsuit including: A mass accident... Read more.
Design Defects and Product Liability Law
“Product liability” is the area of the law enabling recovery for those injured by defective products. Some commentators suggest it reflects a balance between the benefits that society as a whole reaps from technological developments... Read more.
Increasing Public Awareness of Dangers of Distracted Driving
According to the National Highway Traffic Safety Administration, distracted driving accounted for nearly 6,000 deaths in the United States in 2008 alone, and over half a million injuries. That fatality number accounts for 16 percent of... Read more.

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