Can an employer be liable to a third person for their negligence in hiring or retaining an employee who is incompetent or unfit?

California, United States of America


The following excerpt is from Summers v. State Farm Gen. Ins. Co., G042337, No. 30-2008-00114931 (Cal. App. 2010):

The same would be true in the context of negligent hiring. "An employer may be liable to a third person for the employer's negligence in hiring or retaining an employee who is incompetent or unfit. [Citation.]" (Roman Catholic Bishop v. Superior Court (1996) 42 Cal.App.4th 1556, 1564-1565.) "'The principal may be negligent because he has reason to know that the... agent, because of his qualities, is likely to harm others in view of the work or instrumentalities entrusted to him.... If liability results it is because, under the circumstances, the employer has not taken the care which a prudent man would take in selecting the person for the business in hand.... [] Liability results... not because of the relation of the parties, but because the employer antecedently had reason to believe that an undue risk of harm would exist because of the employment....' [Citation.]" (Id. at p.1565.)

Other Questions


Is an employer liable to a third person for negligence in hiring or retaining an employee who is incompetent or unfit? (California, United States of America)
Can an employer be held liable under a negligent hiring theory for an employee's molestation of a minor? (California, United States of America)
Is an employer liable for payment of workers' compensation to an employee when the employee sustains an injury arising out of and in the course of the employment? (California, United States of America)
Is an employer obligated to indemnify a third party who has been found liable to an employee who was injured as a result of their negligence? (California, United States of America)
Can an employer be held liable for breach of contract if an employee discovers that the employee has agreed to work for them at a lower wage than the prevailing wage? (California, United States of America)
Is there any case law where a homeowner who hires an unlicensed employee as an employee under section 2750.5 of the California Code of Civil Procedure (i.e. workers' compensation and general liability) is liable to the homeowner? (California, United States of America)
When an employer and employee are separately represented by an attorney representing the employee, what is the value of the employee's attorney's services? (California, United States of America)
Is an employer liable in common law for injuries sustained by an employee as a result of negligence? (California, United States of America)
Is an employer liable to an employee who commits acts of wilful and malicious negligence? (California, United States of America)
Can an employer be held liable for injuries sustained by an employee as a result of negligence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.