How Do You Prove A Negligent Supervision Claim?

Negligent-Supervision-scaledEmployers are typically in charge of overseeing employees and other staff members. Employers have a legal duty to the public to supervise their workers sufficiently. When an employer fails to exercise appropriate supervision, that business can be held liable through a negligent supervision claim. An accident victim may be entitled to pursue a lawsuit against the company of an employee who caused their injuries. Consequently, multiple parties are often held legally responsible in accidents involving careless workers.

Negligent supervision is a concept derived from the doctrine of vicarious liability, which holds an employer responsible for an employee’s actions during the scope of their employment. However, negligent supervision claims are often used to sue businesses when an employee’s negligence is outside the scope of their employment. These claims are filed directly against employers for their irresponsible actions or inactions. Therefore, when justice cannot be obtained under the legal theory of vicarious liability, our litigators may be able to pursue a negligent supervision claim to hold the employer accountable.

The Legal Elements Of Negligent Supervision 

Under the legal theory of negligent supervision, supervisors or employers who allow harmful or dangerous conduct can be held liable. The Dietrich Law Firm P.C.’s battle-tested attorneys are highly experienced at demonstrating that an employer’s failure to regulate their employee resulted in a victim’s damages. The 3 necessary elements to show that an employer should be held responsible for negligent supervision include: 

  1. Duty of Care: This involves demonstrating that the employer accepts responsibility for the actions of their workers. 
  2. Breach of Duty: We need to establish that the employer failed to fulfill its legal obligation to monitor its employee correctly. 
  3. Causation: This can be shown when the injuries you sustained directly result from the employer’s negligence, also known as the proximate cause.

Common Examples Of Negligent Supervision Cases 

While a supervisor does not have to be involved in every aspect of an employee’s employment, it is important to consider the actions a reasonable manager would have taken. Negligent supervision cases typically involve more than what measures a company implements to manage its employees on the job. For instance, employing unsuitable employees, failing to prevent irresponsible conduct by workers, or ignoring misconduct allegations. Prevalent examples of negligent supervision claims include:

  1. Employers allowing sexual harassment to take place in the office;
  2. Trucking companies for helping truckers to falsify their driving logs;
  3. A contractor that knowingly allows an intoxicated construction worker to operate heavy machinery;
  4. A nursing home that fails to ensure its staff is providing residents with their medication; and 
  5. Daycare centers that tolerate neglect.

Contact The Dietrich Law Firm P.C. Today!

With over 23 years of exclusively practicing personal injury law, Jed Dietrich, Esq. is exceptionally knowledgeable about holding employers liable. Proving negligent supervision claims can be complicated and requires substantial proof. Therefore, retaining an attorney well-versed in negligent supervision claims is crucial. The Dietrich Legal Team’s elite attorneys promise to litigate uncompromisingly until we get you the best possible result. Our lawyers are available twenty-four-seven by calling 716-839-3939 or filling out the online consultation form.

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