July 23, 2014

Filing a negligent hiring claim in a school sex abuse case

Who is Responsible For Doing Background Checks at Schools, Day Cares, and Youth Organizations? | Luongo Bellwoar LLP

When sexual abuse occurs at a school, it is very common for the victim or victim’s family to file a negligent hiring claim against the institution. Often, the assailant had a history of abuse that went unchecked or ignored by the individual responsible for hiring.

When hiring a person to work at a school or on a school’s campus, the employer is responsible for conducting a background check as well as checking references. Occasionally, the hiring party will cut corners by only completing a partial background check, not calling the reference’s numbers, or not conducting a background check at all because they are familiar with the applicant.

Negligent hiring can put children in contact with teachers, coaches, nurses, administrators, and maintenance workers who may potentially harm them. These principles also apply to youth organizations, daycares, and similar institutions.

Other claims such as negligent retention and negligent supervision may be more applicable depending on your specific case. Negligent retention claims are appropriate when a school or supervisor has been advised of inappropriate behavior by employees but does nothing about it. Negligent supervision claims are related to negligent retention because they assert that the institution had clear policies or protocols that weren’t followed when possible abuse was reported.

For more information and true legal advice, be sure to contact the sexual abuse attorneys at LUONGO BELLWOAR.