Table of Contents
Introduction
Personal injury claims fall under civil law and arise when someone sustains an injury due to someone else’s negligent, intentional, or careless actions. While most personal injury claims relate to injuries resulting from direct actions, in some cases, an employee’s actions can give rise to a personal injury claim against their employer. This is known as a negligent hiring claim.
What is "negligent hiring"?
In West Virginia, employers have a duty to provide a safe working environment for their employees. Negligent hiring claims arise when an employer hires an employee who is unfit for the job, has a history of behavior that makes them a danger to others, or has a criminal record that suggests a propensity for violence or other dangerous behavior.
Negligent hiring can encompass a wide range of behavior, including:
- Hiring someone without completing a background check
- Failing to check an applicant’s references
- Failing to properly train or supervise an employee
- Ignoring warning signs of an employee’s violent or dangerous behavior
- Not properly screening employees for drug or alcohol abuse
Who can file a negligent hiring claim in West Virginia?
In West Virginia, anyone who has been injured due to an employee’s dangerous or negligent behavior can file a negligent hiring claim against the employer.
It’s important to note that the person filing the claim does not have to be a fellow employee. For example, if a customer is injured due to an employee’s negligent behavior, the customer may be able to file a negligent hiring claim against the employer.
What damages can be recovered in a negligent hiring claim?
If you have been injured due to an employee’s dangerous or negligent behavior, you may be able to recover compensation for your damages, including:
- Medical expenses related to your injury
- Lost wages and income
- Future medical expenses and lost income
- Pain and suffering
- Emotional distress
How can I prove a negligent hiring claim in West Virginia?
To prove a negligent hiring claim in West Virginia, you must show that the employer knew or should have known that the employee was dangerous or unfit for the job. This can be established through:
- Background checks and reference checks that reveal the employee’s history of dangerous behavior
- Evidence that the employer ignored warning signs of an employee’s behavior
- Evidence that the employer failed to properly train or supervise the employee
Conclusion
If you have been injured as a result of an employee’s dangerous or negligent behavior, you may be able to file a negligent hiring claim against the employer. A successful claim can help you recover compensation for your damages and hold the employer accountable for their failure to provide a safe working environment. If you believe you have a negligent hiring claim, it’s important to speak with an experienced personal injury attorney who can help you navigate the legal process.