Negligent Hiring or Training

Injured by an Unfit or Poorly Trained Employee in Arizona? Employer Negligence Claims.

Employers in Arizona have a legal responsibility to take reasonable care in hiring, training, and supervising their employees to ensure they can perform their duties safely and competently, without posing an undue risk to customers, clients, patients, or the general public. When an employer negligently hires an unqualified or dangerous individual, or fails to provide adequate training or supervision, and that employee subsequently causes harm, the employer can be held liable for the resulting injuries or damages. AZ Law Now Injury Attorneys helps victims of harm caused by negligent hiring, training, or
supervision pursue the justice and compensation they deserve. Employers must prioritize public safety and the well-being of those who interact with their employees or services.

What is Negligent Hiring, Training, or Supervision?

These are distinct but related forms of employer negligence:

Negligent Hiring: This occurs when an employer knew, or in the exercise of reasonable care (e.g., through a proper background check for the specific job duties), should have known that an applicant was unfit, incompetent, or posed an unreasonable risk of harm to others in the position for which they were hired. The unfitness must then be a cause of the subsequent harm. For example, hiring someone with a history of violent offenses for a job involving public contact or access to vulnerable individuals.
Negligent Training: This occurs when an employer fails to provide adequate instruction, education, or practical training necessary for an employee to perform their job duties safely and competently. This lack of training must then directly lead to the employee causing harm to someone else while performing (or failing to perform) their job duties.
Negligent Supervision/Retention: This occurs when an employer becomes aware (or should have been aware through reasonable oversight) that an existing employee is engaging in dangerous behavior, is unfit for their role, or requires additional training/supervision, but fails to take appropriate corrective action
(e.g., retrain, supervise more closely, reassign to a non-critical role, or terminate employment). If that employee then harms someone as a result of the unaddressed issue, the employer may be liable for
negligent retention or supervision.

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Who Can Be Harmed by Employer Negligence?

Customers, clients, or patrons of a business.
Patients in healthcare settings (hospitals, clinics, nursing homes).
Residents in care facilities or apartment complexes managed by company employees.
Members of the public who interact with employees performing their job duties (e.g., delivery drivers, field technicians).
Other employees (while workers' compensation is the primary remedy for many workplace injuries, a separate civil claim against an employer for negligent hiring/retention of a violent employee might be possible in very limited circumstances if the employer's conduct was egregious).

Common Scenarios of Negligent Hiring, Training, or Supervision

Hiring a caregiver for a nursing home or in-home care with a documented history of abusing vulnerable adults, who then abuses a resident or client.

Hiring a commercial truck driver or delivery driver with a history of multiple DUIs, reckless driving convictions, or a suspended license, who then causes a serious accident.

Failing to adequately train a security guard on appropriate use of force policies and de-escalation techniques, leading to an assault on a patron.

Not properly training healthcare staff on patient transfer techniques, sterile procedures, or medication administration, resulting in patient injury or infection.

Hiring an employee for a position requiring significant trust (e.g., financial advisor, in-home service provider with access to property) without conducting a reasonable background check for relevant criminal history (e.g., fraud, theft), who then steals from or defrauds a client.

Failing to train construction workers or factory employees on critical safety protocols or the safe operation of dangerous machinery, leading to accidents that injure coworkers or members of the public.

A company retaining an employee despite multiple credible complaints of harassment or aggressive behavior, who then assaults a coworker or customer.

A school failing to properly train staff on recognizing and reporting child abuse or on managing students with specific behavioral challenges.

What to Do If You Suspect Harm from Negligent Hiring, Training, or Supervision

Prioritize Safety and Seek Immediate Medical Attention:

If you have been physically injured, obtain necessary medical care without delay.

Report the Incident:

Notify the employer or company about the employee’s conduct and the harm that was caused. If a crime occurred (e.g., assault, theft), report it to the police.

Document Everything:

Record the date, time, and location of the incident, the name or description of the employee involved, specific details of what happened, and a clear account of any injuries, losses,
or damages suffered.

Gather Witness Information:

If anyone else witnessed the incident or has relevant information about the employee’s conduct or the employer’s practices, try to get their names and contact information.

Preserve Evidence:

Keep any documents, photographs, videos, or physical items related to the incident or your injuries.

Contact AZ Law Now Injury Attorneys:

An attorney experienced in employer negligence and third-party liability cases can help determine if you have a valid claim for negligent hiring, training, or supervision against
the employer.

Proving Negligent Hiring, Training, or Supervision in Arizona

To succeed in such a claim, it generally needs to be proven that:

The employee who caused the harm was indeed unfit for the job (for negligent hiring), was inadequately trained for their specific duties, or was improperly supervised/retained despite known issues.
The employer knew or, through the exercise of reasonable diligence, should have known about the employee’s unfitness, the inadequacy of their training, or the problematic behavior requiring better supervision or retention decisions. This involves assessing what pre-hire checks were done (or not done) and what ongoing oversight was provided.
The employee’s actions (or inactions), directly related to their
unfitness, lack of training, or poor supervision, were a direct and
proximate cause of the harm suffered by the victim.
The victim suffered actual damages (physical, emotional, financial) as a result.

This often involves a thorough investigation into the employer’s hiring
practices, background check procedures (and whether they were followed), training programs and materials, employee personnel files (to the extent legally accessible), and any prior complaints or incidents involving the employee in question.

Statute of Limitations in Arizona

The statute of limitations for filing a personal injury lawsuit based on
negligent hiring, training, or supervision in Arizona is generally two years from the date of the injury (A.R.S. § 12-542).

Claims Involving Government Employers: If the negligent
employer is a public entity (e.g., a state agency, city department,
public school district), a Notice of Claim must be filed with the
responsible government body within 180 days of the injury. A lawsuit must then typically be filed within one year of the injury. These deadlines are very strict.

How AZ Law Now Injury Attorneys Can Help

AZ Law Now Injury Attorneys understands that employers have a fundamental duty to
ensure their operations do not needlessly endanger the public or their
clientele through careless employment practices. We will:

Offer a free, confidential consultation to review the details of your case.
Thoroughly investigate the employer's hiring processes, background check protocols, training programs, and supervision policies relevant to the employee who caused harm.
Work to determine if the employer breached their duty of care through negligence in their employment practices.
Aggressively pursue full and fair compensation from the liable employer for your medical expenses (past and future), lost wages,diminished earning capacity, pain and suffering, emotional distress, and other related damages.

Hold Negligent Employers Accountable for the Harm Their Employees Cause. Contact AZ Law Now

If you were harmed because an employer carelessly hired an unfit employee, failed to provide proper training, or neglected to supervise their staff adequately, you may have a right to compensation. Contact AZ Law Now today for a free case evaluation.