NCJ Number
85314
Date Published
1982
Length
37 pages
Annotation
Four papers discuss concepts of legal liability in matters of negligence in hiring security personnel, employer liability for injurious acts and civil rights violations by security personnel, and a business' liability for actions of security personnel secured through a contract with an independent security firm.
Abstract
An employer may be liable for the actions of an employee due to the employer's negligence in hiring or retaining an unfit or dangerous employee who causes injury to a third party. Negligence in hiring can be shown if the employer knew or reasonably should be expected to have known of facts indicating the applicant or employee to be unfit or potentially dangerous. The legal doctrine of respondent superior allows an employer to be held legally liable for the acts of an employee under certain circumstances. Usually, liability requires that the employee's acts must have been committed within the scope of employment. What is within the scope of employment is often open to interpretation. A firm or organization contracting with a private security company for security services will generally not be held liable for the negligence of employees of the security company when it occurs in the course of employment; however, if a firm contracting with a private security company exercises supervision or control over the personnel of the private security company, this may render the firm liable for the acts of the security company employees. An employer may also be liable when an employee violates the civil rights of another in the course of employment. This is particularly likely when the employer acts in close concert and cooperation with public law enforcement. An employer is also exposed to potential liability for negligent entrustment of a weapon to an untrained employee. Case and subject indexes are provided.