Negligent Hiring, Supervision & Retention Attorney California

California law makes an employer liable for an employee’s negligence, recklessness, or intentional wrongful acts when the employer knew or should have known that the employee was a risk to others. For help call us at 800-816-1529.

Negligent Hiring, Supervision & Retention Attorney California

California law makes an employer liable for an employee’s negligence, recklessness, or intentional wrongful acts when the employer knew or should have known that the employee was a risk to others. This legal principle is known as negligent employment, supervision, or retention.

If you have been injured due to Negligent Supervision call The Law Offices of Norman Gregory Fernandez, Negligent Supervision Attorneys at 800-816-1529 for help or click here.

Contrary to California’s respondeat superior law, which assigns employers vicarious liability for an employee’s wrongdoing, California’s negligent hiring, supervision or retention law holds employers directly liable for their own failure to protect others.

This can be important because employees often lack the assets to pay for all of an injured person’s compensatory damages in California. Employers typically have deeper pockets and are more likely to have insurance to cover their employees’ actions in the event of a personal injury claim.

Common examples of negligent supervision, negligent hiring, and negligent retention cases include:

• A taxicab or ride-sharing company hires a driver with a criminal history of assault, and the driver commits battery on a passenger;
• A school district disregards parent complaints about a teacher’s inappropriate behavior toward children, and the teacher sexually assaults a child;
• A Los Angeles nursing home fails to implement appropriate evacuation protocols, and a resident drowns;
• A Los Angeles nursing home fails to implement appropriate evacuation protocols, and (giving rise to a lawsuit against the restaurant for food poisoning injuries).

Companies frequently hire unqualified nannies, caregivers, camp counselors, daycare providers, babysitters, and youth group leaders when they are sued for negligent child supervision.

What are the essential elements of a claim for negligent hiring, supervision, or retention?

To prove a defendant was negligent in hiring, supervising, or retaining an employee in California, the plaintiff must show:

1. The employee was unfit or incompetent to perform the work for which he or she was hired;
2. The defendant knew or should have known that the employee was unfit or incompetent and posed a particular risk of harm to others;
3. The employee’s unfitness or incompetence harmed the plaintiff; and
4. The defendant’s negligence in hiring, supervising

Who in California is considered an employee?

For purposes of California’s negligent hiring, retention or supervision law, employees consist of anyone subject to the direct control of an employer. Such people consist not only of salaried employees but of:

• Temporary workers,
• Independent contractors,
• Per diem overflow workers,
• Agents, and
• Third parties such as security guards.

Employers must have known that the worker was unfit in order to be liable for the cause of action of “negligent hiring.”

What information about the employee is necessary?

For an employer to be held liable for negligent hiring, supervision, or retention, the employer must have known or been on notice that the employee was unfit or incompetent to perform the work for which he or she was hired or retained.

Sometimes this is simply a matter of the employer having received actual notice.

Several legal assistants complain to the human resources department of a law firm that one of the attorneys has inappropriately touched them. The HR representative disregards the sexual misconduct and molestation complaints because the attorney in question is responsible for a significant portion of the firm’s revenue.

Since the firm was aware of the attorney’s inappropriate conduct, it may be held liable for sexual harassment claims. The firm negligently retained an employee it was told was engaging in unlawful behavior.

In other situations, liability is determined by the duty of reasonable care owed to the plaintiff under California law.

Under California Civil Code 1714 everyone is responsible for injuries caused by their want of ordinary care or skill in the management of their property or person.

What are the unique responsibilities of educators, ride-sharing companies, and others?

In addition to the ordinary duty of care, California statutes impose special relationships upon certain types of employers. For instance, schools owe a duty of care to use reasonable measures to protect students from injury caused by third parties that is reasonably foreseeable. This includes the negligence of teachers, school staff, and even fellow students.

The law requires transportation network companies, such as taxis and limos, to conduct background checks on their drivers.

They are prohibited from hiring a driver with a history of certain crimes, including violent crimes.

Alex applies to drive for a taxi company despite having been convicted of misdemeanor battery in California three years ago. The employee handling Alex’ application overlooks the conviction and Alex is hired.

After a passenger begins to argue with him, Alex strikes the individual in the face. Alex is sued by the passenger for his medical expenses, lost wages, pain and suffering, and emotional distress, as well as punitive damages. In addition, he sues the taxi company because it was negligent in hiring Alex.

If you, a family member, or a loved one has been injured by the tortious behavior of an employee, please contact The Law Offices of Norman Gregory Fernandez & Associates for legal counsel. There may be multiple parties responsible for your injuries in a personal injury lawsuit.

Our personal injury law firm represents clients throughout the entirety of California.

WHAT IS NEGLIGENT SUPERVISION IN PERSONAL INJURY CASES IN CALIFORNIA?

“Negligent Supervision” holds a person or entity liable when a person or entity they were responsible for supervising causes you harm. A parent can be held liable for the actions of a child, and an employer can be held liable for the actions of any employee, according to California’s personal injury law.

Individuals, property owners, and business owners have a responsibility to ensure your safety. They can fail in this responsibility if they supervise or monitor a patient improperly. You have the right to hold both the person who directly caused your injury and the person who failed to supervise him or her accountable if you are harmed by the actions of someone under their supervision.

Supervision Errors by California Employers

Employers may neglect their supervisory responsibilities and permit employees to harm a visitor, customer, or another employee. Employers are required by law to supervise their employees to ensure the safety of customers and clients when they enter a place of business.

Managers may allow an employee to perform a task for which they are unqualified or lack the capacity. Perhaps they understood that an unsafe employee should not be left alone for extended periods of time or allowed to make decisions. If you were injured by an employee’s incompetence as a result of this negligent supervision, the business owner or corporation would be held liable.

Proving Negligent Supervision in Personal Injury Cases in California

Proving negligent supervision can also involve proving the defendant had foreknowledge of the threat or should have reasonably been able to foresee the danger. Did an employer get warnings about the potential harmful conduct of an employee?

A business owner or proprietor may be guilty of negligent hiring if they hire an individual for whom background checks or information from previous employers raised red flags. Employers can be held liable for negligent retention of an employee if they become aware of these warning signs after hiring an individual but fail to take appropriate action.

Employers can be held liable if they reasonably should have known an employee posed a risk to visitors, customers, and other employers but failed to terminate the worker.

Negligent Parental and Child Supervision

Parents or guardians have a legal duty to protect others from the harmful actions of their children. To demonstrate negligent supervision, parents must be aware that their child posed a risk. The child must also act intentionally to cause injury or property damage for parents to bear liability.

Cases of negligent supervision of a child can include giving a minor who is unfit to drive the car keys. In certain instances, parents can be held liable for the harm their child causes to classmates or school employees at school. Young children are not considered mature enough to recognize when their behavior could be harmful to others. It is the responsibility of parents to ensure that their children do not have the freedom to make risky decisions.

In some instances, children may be injured due to the negligence of a person legally responsible for their supervision. Schools and daycares owe children a special obligation of care because they have been entrusted with the student’s welfare. School districts may be held liable if their inaction results in a child’s injury.

Contact a California personal injury attorney who serves victims, call us now 800-816-1529.

If you or a family member, such as a child, are injured due to someone else’s negligence, you should consider filing a claim for damages. This civil claim can require the at-fault party to provide you with support while you recover, but it can also hold accountable those who could have prevented the accident.

Attorney Norman Gregory Fernandez protects victims of negligence and ensures they have all the resources necessary for a successful physical and financial recovery. If you have been injured by the negligence or wrongdoing of others, contact The Law Offices of Norman Gregory Fernandez & Associates at 800-616-1558 or by clicking here for a free consultation.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has over 25 years experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1. 

You can download our California Accident App for iOS and Android by clicking here and visiting our California Accident App page. This application will allow you to record and transmit all information related to your Negligent Supervision Injury case to our office.