What is necessary to show negligent hiring?

Negligent hiring occurs when an employer fails to take reasonable care in the hiring process, resulting in harm to a third party due to the actions of the employee. To establish a claim of negligent hiring, it must be shown that the employer had a reasonable belief or should have had a reasonable belief that hiring the employee posed a risk of harm to others based on the employee's background, qualifications, or past behavior. This reasonable belief directly connects to the potential for harm stemming from the employee's actions, which is central to the concept of negligence.

While conducting a formal background check can be a critical aspect of ensuring a safe workplace, and maintaining employee performance history or implementing training programs may contribute to overall safety, these actions alone do not fulfill the legal standard required to prove negligent hiring. The focus is on the employer's awareness of potential risks associated with the employee's actions, making the demonstration of a reasonable belief that harm could occur the key to establishing negligent hiring.