POWER TO ARREST (Lesson 13 of 25)

Everyone Has Civil Liability

The legal term “PARTY” can be a person, company, or organization.

When one party believes it has been injured, damaged, or wronged by another party, it may make a lawful claim for damages.

The claim or “LAWSUIT” is presented to a civil court where both parties may explain their positions to a judge or jury.

A court judge may decide whether or not one party in a lawsuit has damaged another.

If damages are due, the court will decide, after a trial, how much money must be paid by one party to another.

The responsibility for the things we do, or fail to do, with the possibility of being sued by another is called “CIVIL LIABILITY.”

Why Is Your Employer Also Responsible For Your Actions?

As a security guard/proprietary private security officer, you are a representative of your employer. Therefore, any negligence or wrongful acts committed by you may also cause your employer to be held responsible. Suits may be brought against you (the security guard/proprietary private security officer) and/or your employer.

For Example:
A security guard/proprietary private security officer makes a false arrest. The person arrested may file a civil suit for damages against the security guard/proprietary private security officer, his employer, and all of those believed to be responsible.

Even if the civil suit against you (the security guard/proprietary private security officer) or your employer fails, the action may be costly for you and your employer to defend.

When Should A Security Guard/Proprietary Private Security Officer Arrest?

A security guard/proprietary private security officer who is expected to make arrests should receive explicit instructions and training on how to do so. Training should make clear the circumstances under which an arrest can be made and the procedure for making it, so as to minimize civil liability.

As a security guard/proprietary private security officer, you should work primarily in a preventive role. Use good judgement and exercise caution when faced with an arrest situation.

Every person must be accountable for his/her actions. Acts of a security guard or proprietary private security officer in an arrest situation are easy to defend when good judgement and good faith have been used. A security guard/proprietary private security officer must not be afraid to act in an arrest situation, but must use restraint and good judgment.