Negligent Supervision in Maryland Truck Accident Cases
Truck accident attorneys
in Maryland alleging negligent supervision seek to impose liability
upon the trucking company because it knew or should have known
of the employee's negligent conduct. For example, if a truck driver
had a history rear end truck
accidents and the employer failed to do the appropriate background
check. If the truck driver got in yet another rear end accident,
a Maryland lawyer representing the truck accident victim would
argue that the trucking company either knew or should have known
of the conduct of the truck driver was might occur (at a risk
disproportionate to other truck drivers).
You might ask what is the difference
between negligent supervision and negligent entrustment? Some
courts hold that they are distinctive torts because negligent
entrustment is derived from the use of a motor vehicle, while
negligent supervision is not necessarily linked to the use of
a motor vehicle. These states have held that negligent entrustment
arises out of the ownership or use of a truck or car (or some
instrumentality). An even better question might be why does we
care if there is a difference if both are saying basically the
same thing. The reason the difference may matter is because some
truck accident policies exclude negligent entrustment but not
negligent supervision. Maryland courts have never direct addressed
this issue. Most courts outside of Maryland, however, have construed
claims of negligent supervision and negligent entrustment are
basically synonymous for the purpose of the exclusion contained
in the truck's insurance policy.
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