How Are Claims of Negligent Supervision Supported?

  • For the most part, employers are responsible for managing employees and other staff. Employers owe the public, the lawful responsibility to adequately monitor their employees. When an employer does not offer reasonable supervision, a negligent supervision claim helps make that employer liable. A person who meets an accident can seek legal action against the employer of the person he or she accuses of negligence. Thus, careless workers are covered legally by more than one party in an accident. Negligent supervision then can be defined from the context of the doctrine of respondent superior, which makes an employer liable for an employee’s actions during working hours.

    Nevertheless, negligent supervision claims are employed when suing a business when an employee’s negligence is excessive to what he or she was hired to do. These are brought directly against employers for irresponsible behavior or lack of it. As a result, if justice cannot be sought under the concept of legal theory of respondent superior, our litigators may be in a position to seek justice under the concept of negligent supervision.

    As mentioned above various legal aspects need to be identified in support to the case of negligent supervision as follows…

    In the negligent supervision legal theory, supervisors or employers can be held accountable for things that are not allowed. The attorneys at the knowledgeable Meyerson & Miller Law firm have represented many clients and are well prepared to prove to a jury that an employer’s lack of control over their employee caused a victim’s harm.

    The 3 necessary elements to show that an employer should be held responsible for negligent supervision include:

    • Duty of Care: This means proving that the employer vests in their employees and takes responsibility for their actions.
    • Breach of Duty: In our case, we must ensure that the employer breached the legal duty to ensure appropriate monitoring of the employee.
    • Causation: This can be evidenced where the injuries you sustained are as a result of negligence of your employer

    Concrete Samples of Cases Where Negligent Supervision Occurred

    It is pointed out that while a supervisor may not have to be involved in every component of an employee’s employment, it must be asked what a reasonably minded manager would have done. This means that negligent supervision cases mostly go beyond what measures a company put in place to control their employees within their working environments. For example, hiring wrong employees, negligence in cases of improper behavior by employees or lack of appropriate action against complaints on misbehavior.

    Prevalent examples of negligent supervision claims include:

    • Lack of consideration by employers of the sob stories of women and sexually harassing them in their workplace;
    • The trucking companies for assisting the truckers to alter their driving documentation;
    • A contractor that permits a worker on construction site to operate a huge truck after taking beer.
    • A nursing home that does not ensure that its personnel prescribed certain medication to needy residents
    • Vulnerable daycare centers that till the soil for neglect

     

    Call The Meyerson & Miller Today!

    Employer liability is something for which we practiced personal injury law for over many years but solely in the realm of the subject, is well-read. Negligent supervision claims can be easy to prove in principle but it does require a lot of evidence. More so, it is extremely important to hire an attorney who has an adequate knowledge and understanding of the negligent supervision lawsuits. The attorneys of the Meyerson & Miller Legal Team stand for collaboration, lower costs and hefty utilization of the boundaries of the law to guarantee the best outcome for your case. We have our lawyers on standby 24/7 through a call or through consultation form online.

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