Jim Adler | The Tough, Smart Lawyer
By Jim Adler March 14, 2016

What exactly is negligent hiring? According to Kent University, the legal foundation of negligent hiring is in a law called the respondeat superior doctrine. This law states that employers, under certain circumstances, are responsible for the actions of their employees. The issue with negligent hiring is that it may sometimes be more advantageous for the injured party to sue the employee directly instead of wasting time and money trying to prove that the employer is negligent.

What Are the Employer’s Responsibilities?

An employer’s responsibilities include doing full background checks on potential employees, not putting customers in harm’s way by hiring people incapable or unqualified to do their jobs, and avoiding the hiring of employees who have demonstrated an inability to perform the job in the past.

A court will also want to identify the circumstances that allow a situation to be considered negligent hiring. When an employee is performing their specific job duties or when they are doing something that is considered to be a reasonable attempt to advance their careers, then that is considered to be working on behalf of the company. For example, if John Smith felt that doubling up on taxi passengers and doubling revenue would help improve his position with the company, but adding more passengers caused an accident, then the company could be deemed negligent.

The most difficult part for a workplace injury lawyer is to prove that the company would approve of an employee going above and beyond the call of duty to advance in the company. One tactic a workplace injury attorney might use would be to look for other instances where past employees stepped outside of the boundaries of their job descriptions and were rewarded instead of punished. As you can imagine, finding these types of instances can be difficult.

The Vagueness of Negligent Hiring

In 2012, the Big Spring Assembly of God Church in Kentucky was sued by the family of a 13-year-old boy who was killed in a car accident. The boy was headed out to a camping retreat with an employee of the church and was allowed to drive the vehicle. The vehicle crashed, and the boy was killed. Despite the church denying that the event was sponsored by the church, a workplace injury lawyer sued the church on behalf of the estate of the boy for negligent hiring. The court awarded the boy’s estate $1 million, and the church appealed. The appeal is still pending as of 2016.

The issue with this case is that it mentions nothing about the church knowing anything of its employee’s past that would indicate a problem. The family has taken issue with the church trying to brush the case aside as not being tied to a church-sponsored event, and the family is also angry that it was not revealed that the boy was driving the car until after his funeral. But is this employee’s lack of supervision skills an example of negligent hiring? The court thought so, as the majority of its decision was based on what it saw as a flawed hiring system employed by the church.

As we can see, negligent hiring is a difficult type of case to prove or disprove. A good workplace injury attorney will need to collect plenty of the right kinds of evidence to show that an employee was acting on behalf of the company when they caused an accident or injury and that the company should have known that the employee was prone to such acts of indiscretion. Make sure that you get the right attorney for your negligent hiring case.

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I was dropped from a previous law firm regarding my case before I called Jim Adler. They immediately took up my case and worked hard on it - I was always up to date with each step they took and the benefits or consequences of each. In the end, I am highly satisfied with the outcome and would not have it any other way. It took some time but I truly appreciate and want to thank everybody who helped me on this journey and worked tirelessly on it.read more
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Tori Barroga
14:17 11 May 17
I am a Patrol Deputy for the Sheriff Office and while working one night, a drunk driver crossed the center stripe on the highway and struck my patrol vehicle head on with his pick up truck. Needless to say we (the drunk driver and I) were both lucky to survive, as the accident occurred at highway speeds. Following my release from the hospital, I knew that I would need to have someone represent me. My employer was happy to represent me in regards to prosecuting the driver for criminal charges but, can do little in respect to the recovery of financial losses for medical bills, pain and discomfort, time lost from work etc... This is how my relationship with Jim Adler and Associates began. Yep, you probably guessed correctly when you think of what made me choose the "Texas Hammer" to represent me. Those half obnoxious, half way entertaining commercials and radio announcements most Texans have been seeing and hearing on the TV and radio for years instantly came to mind. Yes, I wanted to "hammer" this S.O.B. for trying to kill me but, more importantly I was worried about the costs associated with the life long injuries I had sustained as a result of this drunk driver's negligent behavior. I contacted Jim Adler and Associates and so began our relationship. I was immediately surprised by the prompt attention and the expression of genuine concern for my well being that I received from the employees of Jim Adler's office. Now as you can imagine, lawyers are not a breed that is held in very high regard by people in my profession but, my experiences with Jim Adler's office and his employees have forced me to amend my way of thinking, at least on the civil side of the house anyway. I have to chuckle when I say that because my experience as a client of Jim Adler's firm has been exceptionally pleasant. So before I venture down one of the stereotypical and infinite number of rabbit holes associated with the relationship between members of law enforcement and lawyers; I will do my best to stay focused on my experience with Jim Adler & Associates. Upon being informed that my case had been accepted by Jim Adler's office; I was contacted by Iris Sanchez who informed me that she was to be my case manager and any questions, comments and concerns could be directed to her. I was pleasantly surprised to receive regular calls from Iris assisting with my medical appointments and future follow up appointments. Iris had informed me that Jim Adler's son, Bill Adler would be handling my case and I was even more surprised to receive several calls from Bill to discuss my case. Now you might be thinking "what's the big deal" with the person who is representing you contacting you? In reality, you are correct in that it isn't a big deal but, what is noteworthy and what separates Jim Adler's Office from the multitude of other lawyers is the genuine expressions of concern and the desire Bill Adler conveyed to me to do their best to help me. I felt an immediate connection and instantly realized I had made the correct choice in contacting Jim Adler & Associates to handle my case. One thing I think lawyers and police officers can agree on is the proverbial wheels of justice turn very slowly. Months go by and our professional relationship is never neglected. Through the unwavering attention of Iris Sanchez and Bill Adler himself, I never felt "out of the loop" so to speak and always had a clear understanding of where my case was at in regards to the legal process. In conclusion, I know my brief description of my experiences with Bill Adler and, his assistant Iris Sanchez, cannot provide the credit they deserve. Together they have done an outstanding job representing their firm/employer. If you are seeking a great firm to represent your legal interests and, take comfort in establishing a professional relationship that feels more like a friendship than a casual business acquaintance, then I highly suggest Jim Adler & Associates.read more
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Lorenzo Preston
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