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Security lawsuits are filed by plaintiffs for either what was done or for what was not done.
Let's first deal with what was done (intentional torts). Intentional torts committed by security personnel include false arrest, use of excessive force, and false imprisonment, to name a few. Typically when these suits are filed against security organizations, they include assertions of negligent hiring, supervision, retention, and training.
Private security officers do not have police powers in most states. They have no more authority than an ordinary citizen. There are clear and distinct differences between private security personnel and police officers. Confused by this distinction, some security guards who blur the lines are often referred to as "Wanna-bees."
The more common securityderived lawsuits generally fall into the category of premises liability litigation. The courts across this country have generally held that a property owner has a duty to maintain a safe and secure premises for invitees and guests. This duty is further enhanced if the plaintiffs can show that the crime that caused his injuries was reasonably foreseeable.
Bill Nesbitt and Dick Sem have testified in numerous litigations involving premises liability. These cases include homicide, rape, assault, robbery, as well as property crimes. The value of these cases has been from $50,000 to $25,000,000. It is very clear that an effective security program can, and should, provide a value-added benefit.
The best insulation from this kind of litigation is preparation and prevention. The only way to ensure these two goals are met is to conduct a complete security assessment of all company facilities where the public has access.
What is adequate security?
The adequacy of security is determined by the foreseeability of criminal activity and the appropriateness of the countermeasures taken. These two factors determine a reasonable standard of care.
The reasonable standard of care has been significantly impacted by the events that began on 9/11/01.
Furthermore, the impact of crime on private property has increased tenfold. For example,consider the impact of a bomb threat prior to 9/11/01 and after.
Businesses should prepare and prevent before circumstances force them to make rash decisions.
SMSI offers two routes to reduce liability exposure. First, by attending an SMSI Self Help Workshop, the attendee will be empowered to make informed security program decisions. A second alternative is to allow SMSI the opportunity to conduct a complete security audit and recommend solutions. Remember, the Security Solution Hierarchy model guarantees the most cost efficient security design. |
