Negligent Hiring: Utah
Federal law and guidance on this subject should be reviewed together with this section.
Author: Nathan R. Denney, Callister, Nebeker & McCullough
- Utah recognizes claims for negligent hiring. See Elements of a Negligent Hiring Claim in Utah.
- Injured parties asserting a negligent hiring claim must prove the employer knew or should have known at the time of hire that the employee had a propensity to engage in the type of conduct that caused the injury. See Elements of a Negligent Hiring Claim in Utah.
- In order to minimize exposure to liability, employers should conduct a thorough screening and application process prior to hiring. See Minimize Exposure to Negligent Hiring Claims.