jordan Beware of Negligent Entrustment when Employ

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Otherwise you could be gulty of both negligent hiring and negligent entrustment!
For example, if an employer hires a cab driver who had been previously convicted of dangerous driving, then provides him with a cab, the employers will be guilty of both negligent hiring and negligent entrustment if the driver collides with a pedestrian, causing injury. It could have been reasonable expected [link widoczny dla zalogowanych] that the conviction would have been uncovered if a criminal or driving record search had been made, and the employer is therefore guilty of negligent hiring. Since it was the employer who provided the cab, negligent entrustment is also relevant. Had the driver provided his own cab then negligent entrustment [link widoczny dla zalogowanych] would not have been involved.
This is where some companies fall down in their employment screening procedure. Everybody knows good [link widoczny dla zalogowanych] old Robert. He is a great cashier and does a fantastic job. However, he needs the extra money he will get from the overtime available with the driver's job so let's give it to him. He was a good cashier, never in trouble and always on time, so there's no reason for him not to trransfer. Nobody thinks of checking up his original pre-employment screening records. The company is still legally liable and good old Robert could just have cost them a few million dollars with the double offence.
Employers must carry out pre-employment screening to ensure that [link widoczny dla zalogowanych] their is nothing in a prospective employee's past [link widoczny dla zalogowanych] to indicate that they could cause injury to other employees, or in any way put [link widoczny dla zalogowanych] othesr at risk while carrying out the duties of their employment. If Robert has applied for a job as a cashier and records have indicated that he has twice been found guilty of careless driving, this would not normally prevent him from carrying out the cashier's job, and there would be no reason to assume that he could cause harm to others in the finance department office since no driving was required.
However, if the same Robert then transferred to the delivery department and crashed [link widoczny dla zalogowanych] the vehicle he had been [link widoczny dla zalogowanych] provided with, causing enjury to others, the employers would be guilty of both negligent hiring and negligent entrustment, since the knew [link widoczny dla zalogowanych] about the [link widoczny dla zalogowanych] driving convictions. This would be true even if the actual individual responsible for the initial screening and interveiw was no longer employed by the company. A check of the employees records would have revealed the necessary information.
Cases of negligent entrustment normally involve employer negligence. While employment need not be a factor, it is difficult to prove that the first party had a duty to carry out background checks on the second party prior to providing them with the instrumentality. If Andy lends his chain saw to Thomas to cut down a tree in his back yard, and Thomas uses it to injure someone else in an argument, it would have be proved that Andy knew that Thomas was violent, or had a reason to carry out a criminal check on Thomas. It is unreasonable for people to [link widoczny dla zalogowanych] carry out criminal reacord screening on neighbors before lending them tools.
If you want to avoid this happening to you, you should treat all applications for a job in the same way. It should [link widoczny dla zalogowanych] not matter if an employee is transferring from one department to another. Different jobs might need different types of screening. The requirement for a clean driving licsnse might be important in one job but not in another. Always treat transfers as new employment, and recheck all existing employees against the requirements of the new job.
Negligent entrustment applies in tort law where the entrustor negligently supplies the entrustee with an instrument, and the entrustee then causes injury to a third party with that instrument. It commonly occurs where motor vehicles are provided to unqualified drivers or to drivers who have been guilty of a previous motoring offence that the provider of the vehicle could reasonable be expected to be aware of.
As an employer it is important that you display that you have taken resonable care in carrying out the employment checks required [link widoczny dla zalogowanych] to ensure that there is no reason for you to believe that the job applicant couble be liable to cause injury to anyone else while working for you, or could reasonable be expected to use any instrument provided as part of the employment to cause injury. This applies equally to employees transferring from one department [link widoczny dla zalogowanych] to another, where different instrumentality is involved, as to completely new employees. Negligent entrustment only applied when you provide the instrument that causes the damage.
The second is that in the case of negligent hiring, the [link widoczny dla zalogowanych] provision of a dangerous instrument need not be provided to the employee carrying out the injury. If that instrument is provided by an employer, then the employer could be guilty of both negligent hiring and negligent entrustment.
They are two elements of negligent entrustment that defines it from negligent hiring. The first, and most obvious, is that negligent hiring requires the actual employment of the person causing the injury while negligent entrustment can apply to anyone, employed or not.