When an employer hires someone to work for him or her, the employer must take reasonable steps to ensure that the person is reasonably competent to perform the job with a minimal risk of harm to others. If you were harmed when an employee acted in a negligent manner, you may be able to hold the employer responsible, but this is a complicated area of law, and you need the guidance of an experienced personal injury attorney to help you through.
Employers should engage in reasonable due diligence
When an employer hires someone to perform a job, the employer should engage in screening appropriate for the job. For example, when hiring someone to run a cash register, the employer probably does not need to consider whether the employee may pose a danger to others; however, if hiring an employee to perform an inherently dangerous activity, the employer might need to perform reasonable checks into the employee’s ability to perform the activity in as safe a manner as possible.
Limits on employer liability
Merely the fact that an employee injures someone does not expose the employer to liability, however. Employers are not usually liable for the unforeseeable actions of their employees. Employee acts that are not performed within the scope of their duties will usually not bring liability to employers for those acts.
For example, a trucking company might be liable if an employee driver drives in a negligent manner and injures someone. However, the company will not be liable if the employee punches a motorist at a rest stop.
Have you been injured?
If you are in the Melbourne, Florida area and have been injured by an employee, we can help you! We would be happy to meet with you, evaluate your situation, and help you understand how the law might apply to the facts in your case. We have extensive experience in the area of personal injury, and we are happy to spend some time with you.
Don’t try to navigate this part of the law on your own. Instead, make sure you have the help of an experienced lawyer who knows how the law regarding employer liability will apply to you in your situation. We are here to help you, and we cannot wait for you to discover why we have earned our reputation for zealous and effective representation. Give us a call today, and let’s get started.