Legal Aspects and Liability Flashcards

Under Texas law, which legal doctrine holds an employer vicariously liable for torts committed by employees acting within the scope of their employment?

Answer: Respondeat superior

Respondeat superior (Latin for 'let the master answer') makes employers liable for employees' negligent acts performed during the course of employment.

A security officer detains a customer for 45 minutes based solely on a personal hunch with no reasonable grounds for suspicion. The customer's strongest civil claim is:

Answer: False imprisonment

False imprisonment occurs when a person is confined without lawful authority or without reasonable grounds to believe an offense was committed.

Texas law's 'shopkeeper's privilege' permits a security officer to detain a suspected shoplifter under what conditions?

Answer: For a reasonable time using reasonable means to conduct an investigation

The shopkeeper's privilege requires both a reasonable belief that theft occurred and that the detention is conducted in a reasonable manner for a reasonable time.

A security company failed to run a background check on an applicant with prior assault convictions, who then injured a client. The company faces liability for:

Answer: Negligent hiring

Negligent hiring holds employers liable when they knew or should have known of an employee's dangerous propensity before the hiring decision was made.

Under Texas Penal Code Section 9.42, deadly force to protect personal property is generally justified only when:

Answer: The actor also reasonably believes deadly force is immediately necessary to prevent an enumerated felony such as robbery or arson

Section 9.42 requires a reasonable belief that deadly force is immediately necessary and limits it to preventing specific felonies — property value alone is never sufficient justification.

When a security officer intentionally causes harmful or offensive physical contact with another person without that person's consent, this constitutes civil:

Answer: Battery

Civil battery is the intentional harmful or offensive touching of another person without consent, distinct from assault which involves the apprehension of contact.

A plaintiff may be awarded punitive damages against a security officer or company when the defendant's conduct was:

Answer: Malicious or showed reckless disregard for the plaintiff's rights

Punitive damages are reserved for defendants who acted with malice, gross negligence, or conscious indifference to the rights of others — they punish and deter rather than compensate.