Written By ESR News Blog Editor Thomas Ahearn
Claims against a trucking company for negligent entrustment, hiring, or retention may seek and may result in increased compensatory damages, punitive damages, expanded discovery, and evidentiary and admissibility advantages for the plaintiff. Motor carriers should perform reasonable investigations into all employees to ensure that an individual’s past history does not indicate that they would be unsuitable in their position, especially for safety-sensitive positions like truck drivers.
To examine this subject, Strafford will offer a live 90-minute Continuing Legal Education (CLE) video webinar entitled “Defending Motor Carrier Claims for Negligent Entrustment, Hiring, Training, and Retention” from 1:00 PM to 2:30 PM Eastern Time (10:00 AM to 11:30 AM Pacific Time) on Thursday, March 17, 2022. The webinar will guide attendees through the claims handling, evaluation, and discovery process; historical, emerging, and waning defenses; and the impact of Federal Motor Carrier Safety Administration (FMCSA) regulations.
The panel for the webinar will include Attorney Lester S. Rosen, Founder of Employment Screening Resources (ESR) and author of “The Safe Hiring Manual,” Attorney Sarah E. Hansen, Partner at Burden Hafner & Hansen, and Attorney Michael Serra of Langdon & Emison. The panel will discuss the latest developments in negligent entrustment, hiring, or retention claims against motor carriers and insurance companies and best practices for discovery, evaluation, and trial. The panel will also review these and other crucial issues:
- What makes negligent entrustment, hiring, or retention claims unique and challenging for personal injury plaintiffs and defense counsel?
- What are the legal and practical considerations for personal injury attorneys pursuing negligent entrustment, hiring, or retention claims?
- What defenses are often raised in negligent entrustment, hiring, or retention claims, and how does the plaintiff’s counsel respond to these defenses?
- What documentation can be used to support a claim or defense for negligent hiring, training, entrustment, or retention claims and how do defense counsel confirm that their client is in compliance with applicable regulations on document retention and oversight?
- What is the role of background checks in negligent entrustment cases?
In many jurisdictions, defendant trucking companies can avoid duplicative claims for negligent supervision and limit the evidence at trial by admitting vicarious liability for their driver’s negligence under the theory of respondeat superior since this admission would prevent plaintiffs from also pursuing negligent entrustment hiring or retention claims. Other jurisdictions allow both claims to proceed simultaneously, enquiring into factors such as the adequacy of the employer’s pre-hiring investigation and continued oversight of employees.
Other jurisdictions allow both claims to proceed simultaneously, enquiring into factors such as the adequacy of the employer’s pre-hiring investigation and continued oversight of the employee. Understanding how different states’ courts address this issue is critical to establishing any litigation strategy. The panel will discuss the latest developments in negligent entrustment, hiring, or retention claims against motor carriers and insurance companies and best practices for discovery, evaluation, and trial. To learn more about the webinar, click here.
Employment Screening Resources (ESR) is a service offering of ClearStar, a leading provider of Human Capital Integrity℠ technology-based services. ClearStar offers transportation employment background checks that provide a full suite of services (background checks, drug/clinical tests, physicals, reasonable suspicion, and post-accident), full Department of Transportation (DOT) support, and the largest drug test collection site network with 9,000+ locations nationally. To learn more, visit www.clearstar.net/transportation/.
NOTE: Employment Screening Resources (ESR) – a service offering of ClearStar – does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
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