As kids, we learn that there are two ways to get in trouble: doing stuff we shouldn’t (giving the dog a haircut) or not doing things we should (letting Fido go hungry).
As a contractor, you can get into serious trouble for not doing something,– under a legal doctrine called “negligent supervision.” For example, if one of your employees injures another person by driving a car recklessly while on company business, you might face a negligent supervision lawsuit alleging that you failed to uncover or ignored the driver’s bad record behind the wheel.
To minimize this risk, experts recommend that you:
Understand your exposure to potential negligence. Although it’s an exaggeration to say that anything you do (or don’t do) might be seen as negligent, certain situations demand particular care Promoting or certifying unqualified employees, failing to fire or discipline them for potentially dangerous behavior, or terminating them without an effective investigation.
Never make assumptions about employees. Just because workers volunteer for additional responsibilities for which they might be unqualified (out of boredom, a wish to please, or to earn a higher wage) doesn’t mean they can actually do the work. Check the employees petitions before assigning the work.
Don’t ignore or minimize signs that employees pose a potential danger to themselves or others. After the tragic shootings at the Washington Navy Yard, the media was filled with evidence of the shooter’s troubling behavior that the authorities evidently ignored. If you’re concerned about an employee’s actions, investigate, inquire, and consult with experts, including the police. It’s better to be safe than sorry!
We’d be happy to review your exposure to negligent supervision claims and how liability insurance can protect you against these allegations.
