In an auto accident involving negligent supervision, fault for an injury is put on the driver who caused the accident. For example, if a truck driver speeds, drives carelessly and causes an accident, the trucking company can be held liable for negligent supervision. If the company failed to do proper background checks or proper training, they could be at fault for an injury and held liable. Lawyers would argue that the company should have realized the high likelihood that the employee would use poor judgment.
Negligent supervision cases are usually associated with child daycares and elderly nursing homes, but these cases also occur in the workplace and can be associated with auto accidents. These cases function much like a personal injury case, with a few additions.
First, the driver who caused the accident must be proven to be negligent. An attorney does that by showing three pieces of evidence.
• It was this driver’s duty to operate the vehicle with a level of care to prevent an injury.
• Did the driver breach his or her duty in some way? In these cases, it typically means the driver failed to take action to prevent negligence or an injury.
• The attorney must show that the dereliction of duty directly caused their client’s injury.
If someone did sustain an injury that could have been prevented if adequate supervision had been in place, the workplace management can be at fault for an injury and held liable for the damages.
These cases can also arise in the workplace when one employee harms others. Employers are responsible for ensuring a safe work environment for their employees, so if unsafe and dangerous activity is allowed to take place under their supervision, they may be negligent.
Here are some examples of negligent supervision claims in the workplace:
• Failure to perform background checks on new employees for hire
• Failure to ensure proper driving licensure or training
• Failure to address complaints and harassment
• Failure to properly train employees on how to transport dangerous chemicals
Workplaces are required to properly vet and train new employees to keep other staff in their care safe and to protect their workers. Many of these situations above do result in a negligent supervision claim related to an auto accident.
If you or a family member have been involved in an auto accident that meets any of these situations above, it is best to contact an attorney about your legal options.