Security Law & Liability Flashcards
7 cards from real CSI practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Security Law & Liability flashcards as text
Under tort law, which element is NOT required to establish negligence against a security company?
Answer: Proof of criminal intent by the guard
Negligence is a civil tort requiring duty, breach, causation, and damages — criminal intent is irrelevant.
A security officer working at a shopping mall fails to respond to a report of a wet floor, and a patron slips and is injured. The mall is most likely liable under which legal theory?
Answer: Premises liability / negligence
Premises liability holds property owners and their agents responsible for negligently maintaining safe conditions for invitees.
The legal doctrine of 'respondeat superior' holds that:
Answer: An employer is liable for tortious acts of employees committed within the scope of employment
Respondeat superior ('let the master answer') makes employers vicariously liable for employees' negligent acts performed within the scope of their duties.
Which standard of care is a private security officer typically held to when responding to an on-site emergency?
Answer: The standard of a reasonable security professional with similar training
Courts apply the 'reasonable person' standard adjusted for the defendant's professional role and level of training.
A property owner hires an independent security contractor. The contractor's guard commits an assault while on duty. Under which circumstance could the property owner still be held liable?
Answer: If the owner retained control over how the guard performed security tasks
When a principal retains significant control over an independent contractor's work methods, liability may still attach through the 'retained control' exception.
In most U.S. jurisdictions, 'punitive damages' in a civil lawsuit against a security company are available when:
Answer: The defendant's conduct was willful, wanton, or maliciously reckless
Punitive (exemplary) damages are reserved for egregious misconduct that goes beyond ordinary negligence, such as willful or malicious behavior.
Which of the following best describes 'negligent hiring' liability for a security firm?
Answer: Liability arising when a firm hires someone with a known dangerous history and that person later harms another
Negligent hiring occurs when an employer knew or should have known of an employee's dangerous propensities and failed to screen them adequately.