When an accident occurs on or off of the premises of a business as a result of the negligent or intentional act or failure to act of an employee of that business, California allows the injured victim to seek compensation for his or her injuries and damages from that business. The cause of action is known as the negligent hiring of the employee.
The rationale for this rule is that the allegedly negligent employee doesn’t have the insurance coverage or the financial resources to adequately compensate the victim, but the employer is likely to have both.
If you or a loved one have suffered an injury due to a negligent hiring, contact us today fo ra free consultation and we will explain your rights and options to you.
Who are Employers and Employees in California?
For about a decade now, California has defined an employer as a person or entity that controls the wages, hours or working conditions of an employee, or otherwise engages the employee. Employees have been defined as anybody in the service of an employer, pursuant to an appointment or contract for hire that might be express or implied, written or oral, including aliens and minors.
Proof of Negligent Hiring of an Employee in California
For purposes of proving the negligent hiring of an employee in California, the injured claimant must prove certain elements of the cause of action. Those elements are set forth in CACI 426. If a claimant fails to prove any one of the elements, his or her case fails. Those elements follow:
- The person alleged to have caused the accident and injuries was hired as an employee of the defendant.
- The employee was or became unfit or incompetent to perform the work for which he or she was hired.
- The employer knew or should have known that the employee was or became unfit or incompetent and that this unfitness or incompetence created a particular risk to others.
- That the employee’s unfitness or incompetency harmed the claimant.
- That the employer’s negligence in hiring was a substantial factor in causing the claimant harm.
Courts Examine the Conduct of the Employer
In a recent California Supreme Court decision, it was held that when a third party sues an employer for negligent hiring of an employee who intentionally injured that third party, a negligence action can be brought against that employer. The reasoning for the decision was that the focus of the negligent conduct was on the employer and not on the conduct of the employee, even if the employee’s conduct was intentional. The court explained this by stating that the occurrence covered by the employer’s insurance that caused the third party’s injury began with the employer’s negligent hiring of its employee and ended with his intentional act.
Plugging the Coverage Hole
Remember that there could be a duty for an insurance company to defend a negligent hiring case for personal injury damages that is brought by a third party against an employer. Insurance companies have already started including carefully phrased exclusionary language in policies, paying particular attention to claims of intentional misconduct.
Contact a California Negligent Hiring of an Employee Lawyer Today
If you or a family member suffered injuries as a result of the negligent hiring of the employer of somebody, contact a California personal injury lawyer here at Maison Law, and we can arrange for a free and confidential consultation and case review. We’re going to listen to you carefully with an eye toward every avenue of compensation that might be available. The individual who caused the injuries and damages might not have sufficient resources for that, but the employer’s insurer likely has them.
