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Texas Plaintiff's Original Petition for Negligent Hiring and Assault

State:
Texas
Control #:
TX-CC-38-01
Format:
PDF
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A01 Plaintiff's Original Petition for Negligent Hiring and Assault
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FAQ

That the employer owed the injured party (plaintiff) a duty of care. The duty of care was breached by the employer. The breach caused the injury to the plaintiff. The injury to the plaintiff was reasonably foreseeable.

Conduct background checks. Contact previous employers and do a thorough employment reference check. Enforce drug testing. Perform credit reports.

Conduct background checks. Contact previous employers and do a thorough employment reference check. Enforce drug testing. Perform credit reports.

Negligent hiring claims are made when an injured party believes an employer should have known about an employee's criminal or dangerous background. An employer can be held liable if its employees inflict harm on a third party when the employer should have discovered that risk through a reasonable background check.

Under the doctrine of negligent hiring, an employer is liable for harm its employees inflict on third parties when the employer knew or should have known of the employee's potential risk to cause harm, or if the risk would have been discovered by a reasonable investigation.

To prove a defendant was negligent in hiring, supervising, or retaining an employee in California the plaintiff must show that: The employee was unfit or incompetent to perform the work for which he or she was hired;The employee's unfitness or incompetence harmed the plaintiff; and.

That the defendant (in this case, the employer) owed them a duty of care. That this duty was breached. That the claimant was injured as a result of the breach. The injury to the plaintiff was a reasonably foreseeable consequence of the breach.

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Texas Plaintiff's Original Petition for Negligent Hiring and Assault