Information sourced from Negligent Security Attorney
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Incidents and criminal acts committed by company employees are typically called ‘negligent hiring and retention lawsuits.’ Negligent retention cases are slightly more difficult when compared to pure negligent security cases. Negligent retention and negligent hiring of employee cases can be as simple as a company failing to do a background check on a potential new employee.
Smith v. Sparks Regional Medical Center, Arkansas 1998, involved failure to perform a background check on an employee. A woman was admitted to the hospital as an inpatient. The patient was female and bedbound. During a bath, a hospital employee sexually assaulted the female hospital patient. The hospital employee was arrested and the female patient brought a lawsuit against the hospital for failing to conduct a background check on the employee.
Apparently, this hospital employee was fired from his previous job for harassing a patient and acting in a sexually inappropriate manner with two female hospital patients. The plaintiff was awarded a confidential sum of money from the hospital.
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