Over 1,000 Lawsuits Have Been Filed Against Private Security in 2011

According to PrivateOfficer.com private security officers, contract and/or proprietary have been named in over 1,000 civil suits so far this year (2011).  By far the most cases were filed for excessive force (47%) and False Arrest (23%).

Security Excessive Use of Force

Cases like this are a direct result in poor or no training, and poor security management of the guards.  With the increase in violence in many workplaces, companies have resorted to hiring security guards to protect their business.  However, in some cases the act of hiring may be leading to increased liability risk if those officers are not properly screened and trained.  If you are going to hire security, or you have security in place now, be sure to do it right from the onset.  If you cut corners now, you certainly may end up paying later.  Many companies have found themselves on the receiving end of litigation for excessive force, negligent security, and premise liability when they do not properly manage their security force.  If you hire a contract company we recommend that you do your due diligence up front.

Security Officers False Arrest

Most of the time the result of little or no training, and no meaningful supervision, security officers can and often do overreact to situations. Their actions far exceed the standard “Observe and Report”.

In some states security officers are allowed to effect a citizen’s arrest for certain crimes that occur in their presence, but not all states permit that. Yet we hear time and time again that security officers are overstepping their post orders or training and they make unlawful arrests. In some cases the security officers do so with the threat of deadly force, and/or they display a firearm or Taser to show their intent. The problem often is the fact that once the security officers calls the police to take custody of their “prisoner”, they find that the police will not accept the arrest and will in fact let the detained person go free. It does not take much imagination to know what comes next on the part of the person that was illegally arrested; this is where the lawyers get onboard folks. That’s not to mention the fact that the security officers may be taken into custody for Assault, Battery, Kidnapping or a whole number of other potential criminal acts.

Remember that those officers patrolling your business, or guarding it at night, are representatives of your company.  What impression do you want to portray to customers or clients? Do you fully understand what their training is, and has it been evaluated for competency? Have to reviewed and approved their Post Orders? Do you really know how they will react to a crime in progress? Do the officers carry any type of weapons (e.g. self defense or offensive) and are they authorized and formally trained n the use of that equipment? If you are not sure to any one of these questions it is time you conducted a deep dive into their operations. Otherwise, your organization may be dealing with a civil litigation case in the future.