Final answer:
In the case of an employer negligently selecting an employee, the liability usually rests with the employer. However, the specific circumstances and jurisdictional laws can influence who is held responsible.
Step-by-step explanation:
In the case of an employer negligently selecting an employee, the tort liability typically rests on the employer. This means that the employer can be held legally responsible for any harm caused by the employee's actions. However, it's important to note that the specific circumstances and the laws of the jurisdiction can affect who bears the liability.
For example, if an employer hires someone without conducting a proper background check or fails to verify their qualifications, and this negligent selection results in harm to others, the employer may be found liable for the employee's actions.
It's also worth mentioning that when it comes to temporary workers provided by staffing agencies, both the host employer and the staffing agency may share joint liability for workplace violations and ensuring worker safety and health. This is because OSHA, the Occupational Safety and Health Administration, can hold both entities accountable for any violations.