Employers can be held liable for their employees’ actions under the theory of respondeat superior. This theory generally holds that an employer is vicariously liable for the acts of its employees. In addition, employers can also be held liable for negligent hiring, retention, or entrustment involving their employees.
A claim based on negligent hiring is based on the fact that an employer negligently hired or retained an employee. A lawsuit resulting from negligent hiring can arise if an employer hires an employee whom the employer knew or should have known was not fit for the position. That is, the employee was placed in a job that would likely have posed a danger to others. An employer must take reasonable efforts to investigate a potential employee. This depends on the facts and circumstances of each case, but an example might be an employer that hires an individual who has been convicted several times of violent crimes for an armed security guard position.
A negligent hiring claim may be successful even if the act committed by the employee is outside the scope of the employment, which is one aspect that distinguishes it from a general negligence claim. This is because the focus is on whether or not the hiring or retention of the employee was negligent. However, there still must be a causal connection between the employer’s negligence and the injuries that occurred.
Two Pilots Who Crashed Plane Had Been Fired From Previous Jobs
According to one news source, it was recently discovered that two pilots who were flying a plane that crashed in Ohio last year had been fired from past jobs for performance issues. The plane, a chartered jet, crashed in Akron, Ohio and killed all of the people on board—both of the pilots and seven employees of a real estate company. The jet was carrying employees of a Florida-based company, Pebb Enterprises, LLC, and was chartered by Execuflight. The pilots were trying to land the plane in poor visibility when they hit an apartment building, and the plane burst into flames. An investigation by the U.S. National Transportation Safety Board found that the plane was descending too slowly and was too close to the ground.
Investigators recently found out about the pilots’ poor work history. One of the pilots had been fired a few months earlier for failing to attend a mandatory training. The other pilot was fired for unsatisfactory work performance. U.S. aviation regulations require that pilots’ employment records be reviewed before they are hired. However, the investigation into the crash still continues, and the exact cause of the crash has not yet been determined.
Do You Have a Negligent Hiring Claim?
If you have been injured, and you believe that the employee who caused your injury may have been negligently hired, you may have a claim for negligent hiring. To find out more about your claim and possible recovery for damages, you should speak with an attorney as soon as possible. At Moll Law Group, our Chicago airplane accident attorneys are available to help you pursue recovery. We also represent individuals throughout Cook County. Call us at 312-462-1700 or use our online form to set up a free consultation.
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Evidence of Lack of Insurance Determined Irrelevant in Car Accident Claim, Illinois Injury Lawyer Blog, April 30, 2016.
Woman Injured by Hot Air Balloon While Standing in Line Permitted to Sue Despite Signed Waiver, Illinois Injury Lawyer Blog, May 11, 2016.