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Negligent Hiring: Florida

Negligent Hiring requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Julie DiMauro


  • Florida recognizes claims for negligent hiring. See Elements of a Negligent Hiring Claim.
  • The key standards that a court uses in analyzing negligent hiring cases are duty of care and foreseeability. See Elements of a Negligent Hiring Claim.
  • Employers in Florida are given the benefit of the doubt in negligent hiring suits. It presumes that an employer is not negligent if it conducted a background check on the prospective employee and the background check did not reveal any information that would demonstrate that this individual, once hired for the job, would be unsuitable for the work or employment in general. See Defense to Negligent Hiring Claims.