Negligent Hiring Cases In Florida Are Difficult To Win

When an employer hires a new employee, it is often presumed that they have done all appropriate due diligence in terms of that employee’s character and fitness for their new job. In reality, some employers do cut corners, and as a result, accidents may happen as a result of an unfit person working a job they should not have. If you believe that this has happened to you, it is important to consult an attorney quickly, as the statute of limitations on this type of case goes by fast.

Torts Committed On The Clock

Negligent hiring is alleged when an employee commits a certain type of offense while on the clock. In theory, their employer can be held liable for the fact that their employee was present there to commit the offense at all. In other words, if the employer had done their due diligence in checking the employee’s background, they never would have hired a person who would commit this type of offense. This type of claim most often occurs in cases like truck accident cases – for example, an employee driving poorly and injuring a third party.

Unlike cases of vicarious liability, where an employee’s negligence may be compensable by their employer, cases involving negligent hiring can be confusing for the average person to understand, because in order to establish a cause of action for negligent hiring, an employee must have intentionally committed an offense. The question of when the offense occurs will also matter – if it happens while the employee is off the clock, it is less likely to be compensable by the employer.

A Rebuttable Presumption Of Due Diligence

If you have been involved in a tractor-trailer accident, and you suspect that the driver should not have been behind the wheel in the first place, you can file a claim against the driver’s employer for negligent hiring – but it is important to know that in Florida, these claims may be difficult to prevail upon. The legislature has established a rebuttable presumption which states that if an employer did their due diligence in checking an employee’s background at the time of hiring, they are not negligent in hiring, as a matter of law.

What this means is that even if an employee acted negligently during your accident, this cannot be laid at the door of their employer, because the company’s background check is presumed to be sufficient as a matter of law. Because the presumption is rebuttable, it is possible to establish that the background check was not sufficient – but it is extremely difficult sometimes to show this in court.

Contact A Tampa Tractor-Trailer Accident Attorney

If a person commits a tort while engaged in their employer’s business, that employer may wind up on the proverbial hook, but they may also wind up being sued over the fact that their employee should not have been present to cause the accident to begin with. A Tampa truck accident attorney from the Rinaldo Law Group can help make sense of life after an accident, when most people need help navigating this complex legal process. Call our office today to schedule a free consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.096.html