Employee’s/Employer’s Negligence: Types of Negligence and Your Course of Action

The A&M TeamPersonal Injury

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In Oklahoma, an employer can be sued for its employee’s negligence. For the plaintiff to successfully prove the negligence, the employee must have acted within the course and scope of their employment when the illegal act was committed. This law holds for both private businesses and for public offices such as municipality.

Under such circumstances, the person who was hurt by the employee’s acts can prove different kinds of negligence on the employer’s part.

Negligent Entrustment

To support their claim, the plaintiff has to prove or show that the employer entrusted an employee who was incompetent and/or careless to perform the job. For instance, if a trucking company were being sued, the claimant would have to prove that the employer should have known (or knew) that the truck driver is a reckless and irresponsible driver. If proven, this fact could be a strong deciding factor for the jury. However, providing circumstantial or positive evidence effectively requires expert legal representation. Seeking an experienced attorney is highly recommended if you want to prove negligent entrustment.

Negligent Supervision

Another premise under which the claimant can sue the employer is negligent supervision. If the claimant can prove that the employer (at the time of the incident), had reason to believe that the employee in question was incompetent for the job, had a history of violence, mental issues and/or criminal activity, the employer can be found guilty of negligent supervision.

The most common accidents that occur due to an employee’s negligence are vehicle accidents. A popular media source in Oklahoma reported in 2013 that most of the accidents involving school buses were found to be fault of the bus driver. In such instances, the school district or the city government can be held liable however; the claimant needs to follow certain rules for the claim to be accepted. Organizing documentation regarding the evidence and preparing a case on your own can be quite time consuming and can have several loopholes if you are not fully informed about the local law. To most effectively take your case to court within 180 days of the incident, you must have the support of an experienced personal injury attorney in Oklahoma.

If you think you have been hurt by an employee’s negligence you have a chance to recover losses you suffered. Two types of damages can be recovered in a lawsuit of this sort; compensatory damages and punitive damages. Compensatory damages covers the monetary losses suffered such as property damage, medical costs for injury and wages/income lost. Punitive damages are awarded when compensatory damages are not enough; they aim to deter or punish the defendant (in this case the employer and employee). Punitive damages can result in the firing of the employee under court order or the complete shutdown of the business temporarily or permanently (to avoid accidents such as the plaintiff experienced). The personal injury attorneys at Atkins and Markoff in Oklahoma have vast experience in successfully representing clients and getting them the compensation that they deserve. Contact our personal injury attorneys today for an intensive and in-depth review of your case.