When an accident occurs due to an employee’s negligence or incompetence, the employer may be held liable for negligent hiring and supervision. Unqualified drivers hired by trucking companies can pose a threat to the general public and cause multiple accidents and casualties on the road. Nurses without the requisite training and qualifications hired by hospitals can endanger the lives of patients. In any industry, there are hiring standards that must be complied with to ensure the safety of customers.
If you or a loved one were injured because a trucking company, hospital, or any other business failed to properly screen, train, or monitor their employees, you may be entitled to compensation.
New York Negligent Hiring and Supervision Attorneys
Hiring and supervision standards vary by state and industry, so it’s important to get an experienced and competent legal team on your side. If you’ve been harmed by a negligently hired or supervised employee, contact The Porter Law Group today.
Our skilled attorneys have extensive experience handling personal injury cases all over the State of New York. We will thoroughly investigate your case, gather evidence, and fight tirelessly to secure the compensation you deserve.
The Porter Law Group has a proven track record of delivering results for clients who were victims of accidents due to other people’s negligence. Call us at 833-PORTER9 or email us at info@porterlawteam.com to schedule a free consultation.
What are Negligent Hiring and Negligent Supervision?
Negligent hiring and supervision occur when employers fail to exercise reasonable care in the selection, training, and oversight of their employees. This can result in unqualified or dangerous individuals being placed in positions where they can cause harm to others.
As such, trucking companies and hospitals in particular, have a heightened duty to ensure the safety of the public and their patients respectively, making negligent hiring and supervision particularly egregious in these contexts (read: Company Car Accidents).
The doctrine of negligent supervision and retention in New York allows a person who was injured by the actions of an employee, at the employer’s premises, or through the use of the employer’s resources, to sue the employer for damages. Provided, however, that the person can demonstrate that the employer owed him a legal duty of care, and had notice of the employee’s tendency towards harmful behavior.
This law used to only cover existing customers. However, a new decision by a New York appeals court in the case of Moore Charitable Foundation vs PJT Partners Inc. expanded its scope. Now, even prospective customers may be covered by the doctrine of negligent supervision and retention.
Under this new decision, the court held that it is not necessary that the employer was aware of the specific act which harmed the third party. But only of the employee’s propensity to cause harm. This decision effectively expands the responsibility of employers in conducting due diligence and supervision regarding their employees. However, there may still be changes, since this case can still be raised to the New York State Supreme Court.
This is only one of the instances that demonstrates the complexity of litigation in New York. There are voluminous laws and regulations, and many things are susceptible to change, so it is important to have competent and experienced legal counsel who not only knows the ins and outs of the legislation in New York but also keeps abreast of the latest developments.
The experienced personal injury attorneys at the Porter Law Group are well-versed in the nitty gritty of New York legislation. They are always on the lookout for any developments that may impact the cases of potential clients. Call us today for a free case evaluation if you’ve been a victim of an employee’s negligence due to the employer’s lack of adequate supervision and good hiring practices.
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Negligent Hiring and Supervision in the Trucking Industry
Trucking companies are required by law to follow strict guidelines when hiring and supervising their drivers. This includes the following:
- Conducting thorough background checks
- Verifying proper licensing and certification
- Administering drug and alcohol screenings
- Regularly reviewing driving records
Failure to adhere to these standards can result in unqualified or reckless drivers being put behind the wheel of large commercial vehicles, putting the public at risk.
Negligent Hiring and Supervision in Hospitals
Hospitals must provide competent and safe care to their patients. This includes properly vetting the qualifications and backgrounds of doctors, nurses, and other medical staff.
Negligent hiring practices in hospitals can lead to incompetent or dangerous individuals providing substandard care, resulting in serious patient harm or even death. Additionally, hospitals must ensure adequate staffing levels and proper supervision to prevent errors and oversights that can have devastating consequences.
The Porter Law Group has a proven track record of delivering results for victims of medical malpractice. For actual compensation figures, please refer to our previous wins.
What Injuries Can Be Caused by Negligent Hiring and Supervision?
The injuries and damages resulting from negligent hiring and supervision can range from simple to severe and life-altering.
In the case of truck accidents caused by the hiring of incompetent or reckless personnel, victims may suffer catastrophic injuries such as:
- Traumatic brain injuries
- Spinal cord damage
- Fractures and broken bones
- Amputation
- Wrongful death
Medical malpractice incidents due to poorly vetted hospital staff can lead to:
- Worsened health conditions
- Unnecessary complications
- Additional medical expenses
- Even wrongful death
What Type of Damages Are Victims of Negligent Hiring and Supervision Entitled to?
If you’ve been a victim of a negligent or incompetent employee, you may have a claim against the business owner for the following:
- Medical costs
- Loss of Income
- Loss of earning potential
- Disability
- Decreased quality of life
- Pain and suffering
- Trauma
These are only a few of the most common damages you may be entitled to as a victim of an employee’s negligence caused by poor hiring and supervision. Businesses are typically insured and have the means to immediately call upon legal counsel via insurance companies who may try to get you to settle for as little as possible.
Do not allow yourself to be short-changed. Contact the experienced personal injury lawyers at the Porter Law Group, and let us help you get the compensation you truly deserve.
Can I Sue the Business Owner if I was Injured by an Independent Contractor?
Negligent hiring and supervision cases primarily require the existence of an employer-employee relationship for a third party, who was a victim of an employee’s negligence, to be able to sue the employer. This is the doctrine of vicarious liability. However, this doctrine typically does not extend to workers who are classified as independent contractors.
Independent contractors are workers who are hired to perform tasks or render services, free from supervision, direction, and control in the performance of their duties. If you are injured by the negligence of an independent contractor, your case may be against them, rather than the owner of the business.
However, there are exceptions to this rule, and you may still be able to pursue compensation from the employer in the following cases:
- Negligence in hiring an independent contractor (the employer knew that the contractor was unqualified or had a bad record)
- Intentional misclassification of employees as independent contractors to avoid potential liability
- The employer still exercised a high degree of control over the independent contractor’s actions
Determining liability in cases where independent contractors are involved, or proving negligence on the part of the owner in these cases is a highly technical and complex matter. Ultimately, a thorough examination of the levels of control, supervision, and direction will be necessary. However, the personal injury lawyers at The Porter Law Group are well-versed in these types of cases.
Contact The Porter Law Group Today
If you or a loved one were harmed due to the negligent hiring or supervision practices of a trucking company, hospital, or any business establishment in New York, the Porter Law Group is here to help. Our dedicated attorneys will work tirelessly to hold the responsible parties accountable and secure the compensation you need to move forward with your life.
We understand the deep impact these incidents can have, and we are committed to providing compassionate, personalized representation every step of the way. Call us at 833-PORTER9 or email us at info@porterlawteam.com to learn more about how we can help you seek justice.
