NCJ Number
142858
Date Published
1992
Length
23 pages
Annotation
This booklet is intended as an educational guide to assist security practitioners at both the line and managerial levels in assessing how civil liability affects them and their work.
Abstract
Similarities and differences between civil and criminal law are first outlined, followed by a listing of the factors that have contributed to an explosion in civil litigation in the United States. The pretrial process in civil cases and how civil liability affects loss control are then discussed. General components of negligence actions pertinent to private security personnel are listed as the existence of a duty to provide protection to specific classes of persons, failure to provide that protection, harm or injury suffered by the plaintiff, plaintiff injury as the direct result of the defendant's failure to provide reasonable and due care, and the injury suffered by the plaintiff was reasonably foreseeable. Aspects of negligence for failure to provide adequate training are also outlined. A section on liability for sexual harassment addresses the nature of sexual harassment, its consequences, and its investigation by security personnel. A discussion of the prevention and control of loss due to liability considers the importance of a clear written statement of operational philosophy, policy, and procedures; reasonable and due care in personnel selection; probationary assessment and supervision of new employees; and proper training and supervision. The performance of a competent crime/accident scene investigation is also described. A glossary of terms pertinent to civil litigation is provided.