Negligent Hiring Attorneys in Sarasota
Negligent hiring is a relatively new idea in the law.
Negligent hiring claims arise out of the failure of an employer to use due diligence in the hiring of an employee, who then proceeds to intentionally injure a third party in the course of his or her employment.
The injury to the victim results from the intentional, not the negligent, act of the employee. Your negligent hiring attorney will understand and explain that the intentionality of the employee’s act is a key factor to be considered because generally, an insurance policy will not cover intentional acts. Additionally, collecting a judgment directly from the pocket of an individual employee will be virtually impossible.
Therefore, if an argument can be made that the employer failed to act in a reasonable manner when hiring the employee, coverage may be able to be established under an insurance policy.
Florida’s Negligent Hiring Statute
Florida statutes make it easy for an employer to maintain a presumption of due diligence, and yet many employers choose not to do so.
An employer should, to protect itself from an allegation of negligent hiring:
- Perform a Department of Law Enforcement background check;
- Require an application for employment with inquiry into criminal history and civil litigation history;
- Make a reasonable effort to contact references;
- Make a reasonable effort to contact past employers;
- Check driving record (if applicable to the job); and
- Interview the employee applicant.
Unfortunately, this information is not made available to an injured party without the subpoena power of an attorney.
If you believe the facts of your injury may fall under a negligent hiring claim, contact our office for a free consultation.