Negligent Security

We have significant experience with the guard industry as both an expert witness and as an end user.  We have also managed and training security officers in both the private sector and proprietary settings.

Negligent Security generally is assigning/alleging fault to a security provider such as a proprietary guard or contract guard service or armored car service.  In general terms law suits are brought when there is personal injury or loss of assets and  it is alleged that the security provider failed to perform their duties because of negligence.  The negligence factors will generally follow a path of negligent hiring, negligent training and negligent supervision.

We have been involved in numerous cases of negligent security and, as happens with any failure, there is not just one single issue that initiated the civil action but rather the totality of the events leading up to the event made basis for the cause of action.

Additionally, we offer security consulting and expert witness services for liability in bar, lounge, bouncer and doormen cases.

Negligent Hiring:

Background checks can be as simple as calling references or as complex as finding old elementary school teachers for comment.  The application process should always include a requirement of listing employment for the past 7 years and a disclosure of any criminal conviction.  Many companies request disclosure of felony convictions but there are still serious misdemeanor offenses that may cause a company problems if not revealed.  Most states require security personnel to be fingerprinted and checked by the FBI.  However, in house security is rarely regulated by State regulatory agencies but that does not preclude them from conducting a thorough vetting.

Hiring a bouncer simply because they look like an NFL linebacker may be a deterrent to some invitees but alcohol gives the patron the perception of being the equal match.  The primary skill of the bouncers and doormen is the ability to communicate effectively.  Force is the final option.  Checking references and understanding how an application handled problem customers are key to a hiring decision.

Negligent Training and Negligent Supervision

These two generally go hand in hand in allegations in these torts.  Security guards and bouncer mandatory training vary by state however, on the job training is usually the primary method.

Generally, the direct supervisor is responsible for this type of training but, nonetheless, documentation of this training needs to be made on an on-going basis.  Additionally, Supervisors become the gatekeeper of all activity.  They should require written reports of all incidents and review of those should be made as quickly as possible.  Training is an ongoing dimension and after-action review is helpful to ensure compliance and consistency of training.