TPS Legal Aspects and Liability 2 — Questions and Answers
Question 1: Under Texas law, which legal doctrine holds an employer vicariously liable for torts committed by employees acting within the scope of their employment?
- Contributory negligence
- Assumption of risk
- Respondeat superior (Correct answer)
- Sovereign immunity
Correct answer: Respondeat superior
Respondeat superior (Latin for 'let the master answer') makes employers liable for employees' negligent acts performed during the course of employment.
Question 2: 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:
- False imprisonment (Correct answer)
- Defamation
- Trespass to chattels
- Negligent infliction of emotional distress
Correct answer: False imprisonment
False imprisonment occurs when a person is confined without lawful authority or without reasonable grounds to believe an offense was committed.
Question 3: Texas law's 'shopkeeper's privilege' permits a security officer to detain a suspected shoplifter under what conditions?
- For up to 4 hours regardless of circumstances
- Indefinitely until the person confesses or police arrive
- For a reasonable time using reasonable means to conduct an investigation (Correct answer)
- Only after the suspect has physically left the store premises
Correct 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.
Question 4: 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:
- Strict liability
- Negligent hiring (Correct answer)
- Respondeat superior only
- Sovereign immunity
Correct 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.
Question 5: Under Texas Penal Code Section 9.42, deadly force to protect personal property is generally justified only when:
- The property value exceeds $500
- The theft occurs during daytime hours
- The actor also reasonably believes deadly force is immediately necessary to prevent an enumerated felony such as robbery or arson (Correct answer)
- The property owner is present and verbally authorizes force
Correct 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.
Question 6: When a security officer intentionally causes harmful or offensive physical contact with another person without that person's consent, this constitutes civil:
- Assault
- Battery (Correct answer)
- Conversion
- Private nuisance
Correct 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.
Question 7: A plaintiff may be awarded punitive damages against a security officer or company when the defendant's conduct was:
- Simply negligent in failing to follow procedures
- Compensable under workers' compensation
- Malicious or showed reckless disregard for the plaintiff's rights (Correct answer)
- Covered by a valid liability insurance policy
Correct 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.
TPS Legal Aspects and Liability 2
Under Texas law, which legal doctrine holds an employer vicariously liable for torts committed by employees acting within the scope of their employment?