Negligent Hiring and Assault Injury Attorneys in Philadelphia, PA Advocating for Victims Injured by Employees With Prior Records of Violence, Sex Crimes, or Dangerous Driving Throughout Philly
In Philadelphia, companies spanning a wide variety of industries can be held responsible for their employees’ behavior while they’re on the clock. That includes instances in which the company negligently hired an employee who then injured a customer, client, vendor, coworker, or motorist.
Miriam Barish, a distinguished shareholder at Anapol Weiss, leads the practice area of negligent hiring and assault injury actions at the highly respected firm. Ms. Barish fights to hold negligent employers accountable and get justice for victims of assaults and other kinds of injuries.
What Is a Negligent Hiring Lawsuit?
A negligent hiring lawsuit is a legal action through which you can seek financial compensation from an organization that is responsible for the harm you suffered at the hands of its employee.
In these claims, you are attempting to hold the employer accountable for its worker’s actions by arguing that the employer knew or should have known that their employee was likely to cause someone harm. Negligent hiring practices may also occur in conjunction with negligent supervision or negligent retention practices.
Practices That Can Constitute Negligent Hiring
Generally, an organization’s hiring practices may be deemed negligent when they involve:
- Poor vetting practices of new potential employees
- Inadequate or nonexistent background checks in situations where the employer has a reasonable duty to conduct them
- Hiring of employees with known prior records when the employer knew or should have known that their work would put them in frequent contact with potential victims or with substances, weapons, or other objects likely to facilitate intentional or accidental harm to someone else
- Failing to enforce drug screening policies
Some fields are more tightly regulated than others, putting greater responsibilities on employers and their hiring practices.
For example, under Act 53 of 2020, the Pennsylvania Department of State, which is responsible for licensing in various professions, prohibits any person who has prior convictions of sexual offenses from becoming any type of licensed healthcare provider in Pennsylvania, including but not limited to doctors and nurses. Hospitals, nursing homes, and other types of healthcare facilities that fail to perform appropriate background checks and verify their workers’ credentials may be held responsible if such a worker sexually assaults a patient or colleague. Crimes of violence and drug trafficking offenses may also stand in the way of licensure, at least for a certain period of time.
Even if an individual with prior criminal convictions is eligible for a license under state law, it may still be possible to hold an employer accountable for negligent hiring when the employee used their position or access in a healthcare role to harm a patient or coworker.
If you suspect that negligent hiring practices may have contributed to the assault or accident that caused your injuries, it will take a thorough investigation of the employer’s policies to determine whether you have the grounds for a case and what the next steps are. The Philadelphia negligent hiring lawyers at Anapol Weiss will draw upon our extensive experience handling these complex matters to evaluate your claim at no cost.
Jobs Where Negligence in Hiring Poses the Greatest Risks
Although employers can be held responsible for the negligent hiring of a wide variety of employees, these claims most often arise when the job the worker is hired for involves:
- Operating a motor vehicle: If a delivery driver or a driver in the transportation industry has a history of traffic safety citations and causes a crash that injures someone while on the job, their employer may be liable.
- Use of firearms or other means of force: Hiring a person with a history of convictions for violent criminal offenses, including weapons charges, to work in a role such as police officer or armed security guard may result in the employer facing a negligent hiring lawsuit if the worker uses force to assault or harm someone in the course of their business.
- Access to alcohol or drugs: In addition to situations in which a worker with a known history of problematic drug or alcohol use injures someone while impaired, scenarios in which the employee has access to these substances as part of their job, such as while working as a bartender, may give rise to negligent hiring claims by those injured due to the worker’s actions.
- Access to clients’ or customers’ homes: An employer could be liable for hiring a worker with a known history of violence or sex crimes for a role that gives them access to customers’ or clients’ homes if that employee uses such access to harm a victim.
- Contact with children, the elderly, disabled people, or other vulnerable populations: Likewise, hiring an employee with a prior record of violence, sexual assault, or sexual harassment for a job that puts them in contact with vulnerable populations could expose the employer to a negligent hiring claim if the worker victimizes any such person in the course of their employment.
A worker doesn’t necessarily need to have access to weapons, clients’ homes, or vulnerable populations to assault or otherwise injure someone while on the job. Our negligent hiring and assault injury attorneys in Philadelphia, PA, have an extensive background in assisting victims injured by employees and can review potential claims of all kinds to identify any ways to move forward, including but not limited to negligent hiring actions.
Examples of Negligent Hiring Claims
Every negligent hiring claim involves unique circumstances in terms of the worker’s prior record, the inadequacies in the employer’s hiring practices, and the way the employee caused harm to a victim.
A few examples of instances in which you might have grounds for a negligent hiring claim include:
- Physical or sexual assaults committed by employees with prior records of violence or sex crimes against customers, clients, patients, or coworkers
- Elder abuse committed in nursing homes by staff with a history of assault crimes
- Auto accidents leading to serious injury caused by employees who drive for a living and have a poor driving record
This isn’t an exhaustive list of the scenarios in which an employer could be held liable for failing to do its due diligence in selecting, supervising, or retaining an employee, and another party suffered harm as a result. The Philadelphia negligent hiring lawyers at Anapol Weiss can review the specifics of your situation and advise you on any possible avenues of legal recourse.
The Negligent Hiring Litigation Process
Under some circumstances, you have the right to seek compensation for injuries caused by a worker through a negligent hiring claim against their employer. This type of claim can provide you with compensation for losses such as the following:
- Your bodily injuries
- Medical expenses for diagnosing and treating your injuries and rehabilitation
- Lost wages
- Loss of future earning capacity
- Property damage
- Pain and suffering
- Loss of consortium
- Wrongful death losses, including funeral expenses and loss of support and companionship
- Punitive damages, sometimes awarded to punish the defendant
Like other injury claims and litigation, a negligent hiring lawsuit encompasses a whole legal process. Our negligent hiring and assault injury attorneys in Philadelphia, PA, are prepared to represent you through the entire process, from the initial investigation of your case through its resolution.
How Anapol Weiss Can Help You Bring a Successful Negligent Hiring Lawsuit
Winning a negligent hiring claim isn’t straightforward. You’re going to need skillful legal representation from seasoned Philadelphia negligent hiring lawyers like the team at Anapol Weiss to prove the employer’s liability for your damages and receive the full compensation you’re entitled to.
Our team’s approach to negligent hiring cases includes the following:
- Thorough investigations and case evaluations that allow us to gather evidence in your favor and explore all avenues you could pursue
- Meticulous crafting of legal strategies and arguments customized to the unique facts of your case
- Aggressive advocacy and representation that prioritizes your best interests at every step of the litigation process
- Comprehensive assistance in claims filing and case preparation
- Settlement negotiations that demand the compensation you deserve
- Preparedness for trial, if necessary, to secure you the compensation that makes you whole
In addition to handling every aspect of your legal matter, our negligent hiring and assault injury attorneys in Philadelphia, PA, can offer you peace of mind throughout the claims process. We’re here to support you and answer your questions every step of the way.
Why Choose Anapol Weiss?
Anapol Weiss is known throughout the region and across the nation for unrelenting advocacy on behalf of our clients. For more than 45 years, we have fought to give injured victims a voice and secure compensation to make them whole. We are committed Philadelphia negligent hiring lawyers, with devoted shareholder Miriam Barish resolutely leading the practice area at our esteemed personal injury law firm.
Representation With No Upfront Fees
Anapol Weiss handles cases on a contingency basis. You will pay nothing for legal representation until we successfully recover compensation for you.
Schedule Your Free Consultation With Anapol Weiss Today
Get started today by contacting us for a free consultation. Our experienced team is standing by to answer your questions, evaluate your claim, and provide trustworthy legal advice.