When someone causes an accident or injury, they may not be the only ones liable for the injuries. Under a doctrine known as respondeat superior, employers may be liable for their employee’s actions if the action occurs in the course of employment. Respondeat superior is not the only theory of employer liability. Employers may also be responsible for negligent employee training and supervision in Pensacola.
To determine if any of these doctrines will impact your personal injury claim, it is essential to examine the facts surrounding the incident that led to the injury. Florida Statutes § 768.096 has a presumption against negligent hiring as long as the employer conducted a proper background investigation. However, it does not relieve the employer of other duties, including appropriate training and supervision.
When an employee experiences workplace injuries—emotional or physical—their employer may be liable. Liability depends on whether the employer was responsible for causing the damage. However, the employer does not have to be the direct cause of your injuries. If they fail to ensure safe working conditions, they can be liable. These claims differ from workers’ compensation claims because they require you to demonstrate negligence.
To establish negligence, you must be able to prove four things:
Filing a negligent employee training and supervision claim against an employer in Pensacola can be intimidating. People may fear that it will impact their future employability. While that is a valid concern, potential recovery may be enough to address those concerns. Plus, holding them liable may force the employer to change their practices, making the workplace safer for others.
Employers have the responsibility to train their employees properly. The more hazardous the job, the more essential this training is. If an inadequately trained employee injures someone—whether a coworker, client, or bystander—the employer may be responsible for that injury. The issue is whether the inadequate training was the cause of the injury. This factual issue will depend on the individual circumstances of the case.
Likewise, employers must supervise their employees. If the employee’s behavior places others in danger, and the employer does not have anyone there to monitor the employee and stop dangerous behavior, the employer may be liable. This is more difficult to establish than training since, at some point, employees should be able to function independently. So, the duty to supervise an employee decreases with the length of time the employee has been in that position.
The required level of training and supervision is exceptionally dependent on the job. The more dangerous the job, the greater the need for training and supervision. However, many inherently dangerous jobs, such as electrician, require professional training or certifications. Employers can rely on proof of that training to assume their employees will obey industry standard safety rules. Unless they have noticed that an employee is ignoring safety rules, allowing a professional to do a job will rarely count as negligent training or supervision.
If an employee’s negligent behavior led to your injury, their employer may be responsible. A Pensacola attorney who handles negligent employee training and supervision claims could examine the facts of your case and advise you about potential remedies.
While state law extends some protection to employers for negligent hiring, it still holds them to a high standard in terms of training and supervision. If an employer’s negligence contributed to your injury, you may be able to recover from them for your injuries. These cases are very fact-specific. However, if those claims are not viable, a lawyer at Emmanuel Sheppard & Condon may suggest other avenues for recovery. Schedule a consultation to learn more about negligent employee training and supervision in Pensacola.