NCJ Number
87849
Date Published
1983
Length
12 pages
Annotation
Careful hiring and particularly effective preservice and inservice training programs can help security administrators avoid vicarious liability for guards stemming from negligence in hiring, retention, assignment, supervision, and training.
Abstract
Vicarious liability is a legal concept formally called the doctrine of respondeat superior, which means the employer is liable for the wrongs committed by an employee where the employee has acted within the scope of his/her employment. Under the theory of negligent hiring, an employer's liability is directed because of negligence in hiring the employee. Where the employee was competent at the time of employment, the appointing power may escape liability for negligent employment, but where, during the period of employment, the employee demonstrates incompetence that involves risk of harm to the public and the appointing power fails to take appropriate action, then the appointing power may be held liable under the theory of negligent retention. Under the theory of negligent assignment, the grieving party asserts that the employee is unfit to perform certain tasks associated with his/her position, and negligent supervision involves the failure of a superior officer to perform properly the supervisory duties assigned to him/her. The negligent failure to train an employee properly also involves a breach of executive duty and imposes the same liability as if the administrator had participated in the actual wrong. The possibility of vicarious liability for negligent hiring can be decreased by establishing and following strict hiring standards and conducting preemployment background investigations. A thorough preservice and inservice training program can reduce the likelihood that negligence can be established in the other areas where vicarious liability is possible.