Negligent hiring, negligent supervision, and negligent retention is a safety concern that straddles many business sectors and affects people of all ages who are customers of or use the services provided at business premises in our day-to-day lives.
We should be able to reasonably expect that while engaging with a business as a customer, measures to protect our safety have been implemented per state and federal legal standards, rules, and regulations. When an employer fails in their duty to ensure their staff is well vetted, trained, and suitable for the job, the risk of injury to others can increase.
Consider also that many industries have special access to our homes or involve caregiving responsibility for our cherished family members. More jobs exist in other sectors than there are workers available, resulting in employers’ poor recruitment choices, potentially putting our safety at risk.
Employers Are Generally Responsible for the Acts of Their Employees
Employers are generally responsible for their employees’ acts under the doctrine of vicarious liability, as affirmed by the Legal Information Institute (LII); however, conditions do apply. The employer may be liable in cases where negligent staff conduct occurs within their employment’s natural course and scope. Problems typically arise through negligent hiring, negligent supervision, and negligent retention.
Typical scenarios where injured parties may be eligible to pursue compensation include:
- A nursing home caregiver causing injury or death through neglect or abuse
- A child care provider causing injury due to a lack of appropriate supervision
- Business premises that are unsafe due to poor maintenance or hazards resulting in slip or fall accidents
- Injuries sustained at a public venue due to lack of supervision, security, or safety measures
- Injuries caused to others by employees under the influence of drugs or alcohol while at work
- Injuries sustained by employees at work due to unsafe conditions
- Injuries caused to others stemming from insufficient employee background checks, qualification and licensing verification, staff training, or instruction
- Injuries caused by medical malpractice
- A wrongful death caused by employee or employer negligence
Injuries Caused Through Employee Negligence Can Shatter Lives
Even a simple slip and fall accident can change a victim’s way of life forever. Care for serious injuries can easily run into millions.
Victims are often overwhelmed by the physical, emotional, and financial impact of life-altering accidents that commonly result in devastating injuries such as:
- Traumatic brain injury
- Broken bones and fractures
- Spinal cord injuries and paralysis
- Loss of limbs
- Disfigurement and disability
Proving Liability and Negligence Can Be Complicated
To be successful in a personal injury case, as a claimant, you will need to prove that the employer was negligent in hiring, supervising, or retaining an employee who then caused you harm. Often, cases involving negligence can include multiple parties who are potentially responsible for causing damage.
As a claimant, you will need to prove:
- The business employs the employee who harmed or injured another person
- The employee was guilty of causing injury to the claimant
- The employer knew or should have known about the employee’s potential risk to cause injury to customers and did not take action to prevent harm
- The customer sustained an injury as a result of the negligent conduct
It may be likely that both employer and employee bear responsibility for the accident. While this provides more avenues from which to seek compensation, it adds complexity to the legal process. For this reason, it is essential that you choose a team of lawyers who have experience and dedication fighting for your rights. Our lawyers are happy to review your case’s facts and help you determine your legal options moving forward.
Types of Compensation Available in Personal Injury Claims
Compensation can vary depending on the circumstances of the accident and the severity of the injuries you sustained. Generally, New York law allows you to recover fair and reasonable money damages for the following:
- Current and any future medical bills
- Rehabilitation costs
- Lost wages and compensation for any impact on future income or benefits
- Emotional distress, such as pain and suffering, and inconvenience
- Loss of services around the home
- Out-of-pocket expenses for medical equipment, adaptations in your home, medications, transportation, and many other expenses
If the accident caused the loss of a loved one, additional damages could include funeral expenses, loss of guidance to children, and many other areas.
Call to Find Out if You Can Make a Compensation Claim Today
Helping our clients is the heartbeat of everything we do. We understand the devastating impact a serious accident can have on the lives of the injured parties we represent and their families.
Our initial consultation is free, and if we agree to accept your case, you will not be required to pay us any money upfront. We only earn a fee when we recover compensation for you. Our lawyers are waiting to hear from you.
