What Is Negligent Hiring?

What Is Negligent Hiring?When a company does not screen its employees properly and one of those workers causes harm, the injured parties can file a negligent hiring claim. Customers, clients, and other employees can also be victims of negligent hiring-related accidents and injuries.

Negligent hiring comes in many forms. For example:

A retail store hires a security guard, but an improper background screening fails to catch a history of violent, unpredictable behavior that has resulted in jail time and lawsuits. An employee teases the guard in a playful way, and the guard responds aggressively. The employee is physically assaulted as a result and sustains numerous injuries. Because no background check was performed on the security guard, the employee has grounds for filing a lawsuit and obtaining damages for their injuries. This is just one example of negligent hiring.

Another example of negligent hiring is when an unstable employee harms customers. For example, say a male cashier at a local convenience store has a criminal history that went unchecked and repeatedly makes female employees and customers feel uncomfortable. When alone with a female customer, the male cashier attempts to sexually assault her. The customer was able to get away, but suffered injuries in the process and therefore has the right to file a legal claim.

Negligent hiring-related injuries are not caused by unstable or violent employees exclusively. They can also be due to the hiring of unqualified employees. Such employees might lie on their job applications or during their interviews, saying they know how to operate heavy machinery and potentially dangerous tools when in fact they don’t. If they are hired because the employer failed to properly test their skills and cause an accident resulting in injuries, a personal injury claim for negligent hiring can be made against their employer.

Other cases concern a history of dangerous driving and/or substance abuse. For example, say a delivery driver with a history of prior crashes gets hired and injures another motorist in a car accident. Because the company did not properly screen the driver and therefore was unaware of his poor driving record at the time of hire, a personal injury claim can be made against the company for negligent hiring.

A quick note about negligent security

Some inadequate hiring practices can lead to negligent security claims, such as not having enough staff on a premises to avoid an unreasonable crime risk, or hiring an unqualified security guard or security company that creates an unreasonable crime risk due to their lack of qualifications. If the premises owner’s negligent hiring created a foreseeable and unreasonable risk of crime on the premises and someone was the victim of a crime as a result, a personal injury claim for negligent security could be filed against the premises owner, which would also include a claim for negligent hiring.

Common injuries caused by negligent hiring

It is possible to sustain a wide variety of injuries from negligent hiring practices. They include, but are not limited to:

  • Contusions
  • Fractured bones
  • Cuts and lacerations
  • Burn injuries
  • Head trauma
  • Traumatic brain injuries
  • Back and shoulder injuries
  • Leg and foot injuries
  • Paralysis
  • Death

If an employee or customer in Houston sustains serious injuries relating to negligent hiring, they have two years from the date of the incident to file a claim as per Tex. Civ. Prac. & Rem. Code section 16.003.

Elements of a negligent hiring personal injury case in Houston

There are several general elements making up these types of personal injury cases. In order for the claim to have merit, it must be proven that the company breached their duty of care. The business owed a legal duty to the public to hire competent, stable workers, but failed to do so. As a result, the plaintiff suffered injuries. Such injuries are the direct result of negligent hiring.

To help determine if negligent hiring occurred, the judge or jury in the case reviews factors such as:

  • Was the individual in question subjected to a background check?
  • If the employee furnished references, were they checked?
  • Were past job claims and certifications checked or accepted as fact?

How a Houston injury attorney can help in a negligent hiring case

If you are the victim of possible negligent hiring-related injuries in Texas, consulting an attorney is the best next step. The lawyer reviews case details to determine if the evidence shows that negligence may have occurred. If negligence has taken place, you have two years from the date of the accident to file a claim, according to the Texas statute of limitations.

An attorney is an invaluable asset when filing your personal injury claim. The right lawyer has experience with similar cases and knows what steps to take to secure compensation. Common damages in these claims include:

  • Emergency medical care
  • Ongoing medical care
  • Lost wages
  • Reduced earning capacity or disability
  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Loss of life’s enjoyment

While compensation for your injuries does not erase what happened, it does allow you to cover medical costs and other expenses, to help you get your life back to the place where it was before you were injured, or as close to it as possible.

For help with a negligent hiring case, contact Kishinevsky Law Firm in Houston. The experienced lawyers at this renowned practice provide counsel for a wide range of personal injury cases, including work zone and work site accidents, among many others. Call our office or complete our contact form to schedule a free initial consultation today.