Negligent Hiring Injury Lawyers in Austin
More and more stories of angry or violent workers attacking others in the workplace have come to light in recent years. This has caused many changes in the laws surrounding negligent hiring. The law in about half the states now holds an employer responsible if they do not perform due diligence when hiring. This includes performing background checks, physical exams and drug testing among others.
When an employer hires an unstable person and they harm fellow workers, the courts can hold the employer responsible. In several recent landmark cases, courts and juries have given the victims and their families millions of dollars in punitive damages. The assumption is that the employer should have made more of an effort to learn if someone has had mental illness, drug or alcohol problems, or other issues that might make them violent or cause erratic and dangerous behavior.
In numerous cases of the last few years, employers have been found liable for negligent hiring practices; however some types of jobs seem more at risk. For instance, a nursing home worker or health care aide who has charge of another person might be more at risk to be abusive. Also, a real estate worker with keys to homes or leasing agents at apartments and condos who have access to the living quarters of others could break in.
People hired for jobs where they have access to personal information or the homes and offices of others should require stringent background checks. Though many employers now realize the dangers and have taken action, many others are still somewhat lackadaisical when it comes to hiring practices. If something does go wrong, and an employee harms a fellow worker, these companies may have to bear the responsibility.
In one recent case, a janitor raped a woman living in a condo and the courts found the building owners and managers responsible because the worker was an illegal alien. The evidence showed that the building manager should have realized that the man did not have a valid green card or social security number. Due diligence in hiring practices wasn’t followed and this case of negligent hiring highlighted a growing problem in the U.S.
Many employers are willing to look the other way when hiring potential illegal aliens, but if those workers break the law or harm someone in the workplace, the courts can hold the employer legally responsible. The increasing number of court decisions which have ruled favorably for the plaintiff has resulted in employers taking a more serious approach to their hiring practices. This is especially true where there is clear information available to the employer and they simply don’t take note of it.
If you or a family member have been a victim of a violent act performed by a co-worker and you believe your employer did not perform due diligence during the hiring process, then you can speak to a Personal Injury attorney at Zinda Law Group PLLC. Our Austin law firm handles these types of cases and understands the complex laws surrounding negligent hiring.
Zinda Law Group will obtain comprehensive information on the worker and all the circumstances of the case. Cases like this require skill and experience and our Texas law firm has the resources to give you thorough, professional representation. We’ve been helping Texans for years with a wide range of legal matters. We offer a free case evaluation to those who need answers to their questions. Call today to schedule your free appointment.