During the hiring process, employers must follow certain protocols to ensure they aren’t hiring someone who will endanger customers or employees. Such procedures include required background checks and drug testing for all applicants. If these rules aren’t followed and an accident occurs, the company may be sued for negligent hiring under personal injury law in Fort Benning, GA.
Negligent Hiring Explained
A negligent hire occurs when a company negligently hires a person who is untrustworthy or dangerous, and when the employer should have been aware of the facts. These hires often occur when employers fail to properly screen employees before hiring takes place.
Can Parties Sue for a Negligent Hire?
A party’s ability to bring legal action depends on the jurisdiction. In areas with laws on negligent hiring, individuals can file claims against employers when harm occurs because of a dangerous employee. These claims rely on the idea that if the employer had followed hiring protocol, the person would not have been put into a position where they could cause harm.
How Can Employers Avoid Negligent Hiring Suits?
In areas with these laws, it’s important for employers to follow the below steps to avoid liability for negligent hiring.
- Conduct background checks before employment begins.
- Subject all new hires to a physical exam and a drug test.
Background Checks
A pre-employment background check is done to find information on an applicant’s education history, credit report, military service, driving record, worker’s comp record, medical history and criminal record. Some companies have more stringent background checks than others.
Industries Susceptible to Negligent Hiring Lawsuits
While all companies are vulnerable to negligent hiring practices, those in certain industries must be particularly cautious. Companies hiring the following types of workers are at greater risk:
- Delivery drivers
- Retail workers
- Nursing home aides
- Realtors who have access to properties
- Home health aides
- Property managers
- Maintenance and service workers
- Utility workers
Should an Injury Victim Call an Attorney About Negligent Hiring?
If a person is hurt because of an employer’s negligent hiring activity, they should call a personal injury attorney to learn about their legal rights under personal injury law in Fort Benning, GA. The Phenix Legal attorney will tell the client whether the state’s laws apply to their case, and they can help the client file a claim.
