Property owners employ security guards to protect those who visit, reside or work on their premises. The presence of security personnel can deter crime and boost morale among visitors, residents and employees by knowing that trained professionals monitor the safe flow of people accessing the facilities.
However, when security guards fail to deliver reasonable care, they may be responsible for resulting injuries or deaths. By extension, their employers may also share liability.
Understanding vicarious liability
Injured parties often sue the person who directly harmed them. But per the vicarious liability principle, they can also go after who is in control of the negligent individual. In this context, the business owner must also answer to their security guard’s negligence.
The security guard may have left their post or slept on duty when a threat or attack occurred. In some cases, the security guard may have worsened a situation they were supposed to resolve.
Regardless of a victim’s reasons to pursue a claim, property owners may be vicariously liable if:
- The security guard was on duty or acting within the scope of their role when the incident happened
- The security guard directly caused the victim’s injuries while performing their job
- The employer benefits from the security guard’s job performance that eventually caused the unfortunate event
Claimants may argue that property owners must have done due diligence to check if a potential candidate is someone skilled to address various scenarios without excessive force. Also, victims may contend that property owners must have been aware of foreseeable risks yet failed to prevent them.
Seeking compensation through vicarious liability
Victims must not pay for someone else’s negligence. So, they can fight back and gather proof to establish their claim. However, proving vicarious liability also requires a thorough grasp of the law. Victims can benefit from a North Carolina legal team to guide them through their options and pursue damages.