Legality of Security Work
The Legality of Security Work
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The Legality of Security Work
Private security is non-governmental security related protection. It includes private investigation (PI), uniformed security (armed or unarmed), and executive protection, private security companies (PSC), security systems and private limited companies. Civil liability, which is a factor of private security, arises when an offence is both a crime and a tort. Civil actions can be brought against any private security personnel who go against the law. Civil law can be divided into three categories: strict liability, intentional liability and negligence liability.
Negligence liability arises when a person has a duty to act reasonably but fails to do so, resulting injuries. The elements of negligent liability include the existence of some duty owed or duty to protect. Employers are expected to protect their employees and the public. If an employee injures another, the employer and the company will be held liable for negligent retention since by an employer hiring a security officer, that does not relieve him from responsibility. The concept ‘respondent superior’ helps to explain that premises owners cannot delegate their responsibilities. The employer can only escape liability if he proves the existence of non-delegable duty. Otherwise, he would be fall under vicarious liability where the employer carries the burden of his employee.
The other element of negligent liability arises when there is a foreseeable likelihood of an incident occurring, but the owner and or security officers do not take steps to reduce its likelihood; then they will be sued if the incident occurs. E.g. if, in a certain region, a number of attacks have taken place, then there is a likelihood that more attacks will occur. If the owner and security officers fail to take action to prevent more attacks happening, they may be sued if the attacks occur.
Failure to meet a reasonable standard of care and proximate cause
Name:
University:
The Legality of Security Work
Private security is non-governmental security related protection. It includes private investigation (PI), uniformed security (armed or unarmed), and executive protection, private security companies (PSC), security systems and private limited companies. Civil liability, which is a factor of private security, arises when an offence is both a crime and a tort. Civil actions can be brought against any private security personnel who go against the law. Civil law can be divided into three categories: strict liability, intentional liability and negligence liability.
Negligence liability arises when a person has a duty to act reasonably but fails to do so, resulting injuries. The elements of negligent liability include the existence of some duty owed or duty to protect. Employers are expected to protect their employees and the public. If an employee injures another, the employer and the company will be held liable for negligent retention since by an employer hiring a security officer, that does not relieve him from responsibility. The concept ‘respondent superior’ helps to explain that premises owners cannot delegate their responsibilities. The employer can only escape liability if he proves the existence of non-delegable duty. Otherwise, he would be fall under vicarious liability where the employer carries the burden of his employee.
The other element of negligent liability arises when there is a foreseeable likelihood of an incident occurring, but the owner and or security officers do not take steps to reduce its likelihood; then they will be sued if the incident occurs. E.g. if, in a certain region, a number of attacks have taken place, then there is a likelihood that more attacks will occur. If the owner and security officers fail to take action to prevent more attacks happening, they may be sued if the attacks occur.
Failure to meet a reasonable standard of care and proximate cause
References: Gallati, R. R. J. (1983). Introduction to private security. Englewood Cliffs, N.J: Prentice-Hall. American Law Institute. (1920). Legal liability. Philadelphia, Pa: American Law Institute. .