What is Negligent Hiring?

In order for a customer, employee, or other third party to prevail in a negligent hiring suit against an employer, the following must generally be shown:

• the existence of an employment relationship between the employer and the worker
• the employee's unfitness
• the employer's actual or constructive knowledge of the employee's unfitness (failure to investigate can lead to a finding of constructive knowledge)
• the employee's act or omission causing the third party's injuries
• the employer's negligence in hiring the employee as the most likely cause of the plaintiff's injuries

When to consult an attorney. If you are ever served with a negligent hiring lawsuit, the first step you should take is to call your lawyer. In fact, that's the first step you should take any time you receive legal papers. But it's especially important when you're sued to call a lawyer immediately because you have a certain number of days to file an answer to the lawsuit. The number of days that you have will vary depending upon where the suit was filed, but you could have as little as two weeks to respond.

If you are served with legal documents and you don't have a lawyer, you should find one right away. Once you have a lawyer, he or she can tell you more about your chances for winning or losing the lawsuit.