Negligent hiring
From Wikipedia, the free encyclopedia
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| Tort law II |
|---|
| Part of the common law series |
| Negligent torts |
| Negligence · Negligent hiring |
| Negligent entrustment · Malpractice |
| Negligent infliction of emotional distress |
| Doctrines affecting liability |
| Duty of care · Standard of care |
| Proximate cause · Res ipsa loquitur |
| Calculus of negligence · Eggshell skull |
| Vicarious liability · Attractive nuisance |
| Rescue doctrine · Duty to rescue |
| Comparative responsibility |
| Duties owed to visitors to property |
| Trespassers · Licensees · Invitees |
| Defenses to negligence |
| Contributory negligence |
| Last clear chance |
| Comparative negligence |
| Assumption of risk · Intervening cause |
| Strict liability |
| Ultrahazardous activity |
| Product liability |
| Nuisance |
| Other areas of the common law |
| Contract law · Property law |
| Wills and trusts |
| Criminal law · Evidence |
Negligent hiring is a cause of action in tort law that arises where one party is held liable for negligence because they placed another party in a position of authority or responsibility, and an injury resulted because of this placement.
Negligent hiring is generally found where the employee who actually caused the injury had a reputation record that showed his propensity to misuse the kind of authority given by the employer, and this record would have been easily discoverable by that employer, had a diligent search been conducted. For example, a victim of sexual harassment in the workplace may have a cause of action for negligent hiring on the part of her employer if she can show that the employer was aware of the harasser's termination from a previous position for the same behavior.
[edit] Negligent entrustment compared
Negligent entrustment differs from negligent hiring in two key respects. First, negligent hiring requires the actual employment of the party causing the injury, whereas a party can be held liable for negligent entrustment to any person. Second, an employer can be found liable for negligent hiring even without provision of any dangerous instrumentality to the employee. However, where an employer hires an unqualified person to engage in the use of a dangerous instrumentality, the employer may be liable for both negligent entrustment and negligent hiring.
[edit] Vicarious liability compared
Vicarious liability is a separate theory of liability from negligent hiring. The doctrine of vicarious liability provides that an employer is liable for the torts of an employee under an agency theory, even if the employer did nothing wrong; negligent hiring, however, requires proof of actual negligence on part of the employer before the injury occurred, at the time when the employee was hired in the first place.
