West Virginia’s highest court recognizes claim against employers for negligent supervision

On a May 14, 2025, the Supreme Court of Appeals of West Virginia formally recognized that a third-party can sue an employer for negligent supervision of an employee, even if the employee’s intentional or reckless conduct is the basis for the claims. Accordingly, West Virginia employers that fail to take reasonable precautions or actions in supervising an employee may be liable to third parties when an employee’s conduct harms the third party in a manner that was reasonably foreseeable based on the employer’s failure to supervise the employee.

Background

A recent decision in the Supreme Court of Appeals of West Virginia held that negligent supervision is a viable claim against an employer under West Virginia law. The court listed and explained the elements an individual must prove to succeed on a negligent supervision claim, which are detailed below.

The court also found that if an employer has a duty to appropriately supervise an employee to prevent harm to others and breaches that duty, it can be held liable for its employee’s intentional or reckless conduct, including in instances when the employee was acting outside the scope of their employment.

Elements of a negligent supervision claim

The court held that to succeed on a negligent supervision claim, an individual must show: