Security Law Newsletter (11/11) P. 5

In the case of Hare v. Opryland Hospitality LLC, a U.S. trial court decided that a club patron who alleged he was assaulted by a club security guard could add claims of negligent hiring, supervision, and training to his lawsuit shortly before trial. Joshua Hare claimed that while attending a party that was held in the lounge of a hotel and resort, security guards approached him and his friends and asked them to leave. One of Hare’s friends began arguing with a lounge employee and security guards. Shortly thereafter, Hare and a security guard began scuffling. Hare alleged that the security guard hit him in the face with a bottle and he sustained lacerations to his face and permanent scars. Hare sued the owners of the hotel and resort under the doctrine of respondent superior that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency. Hare argued that the security guard was acting within the scope of his employment at the time that he allegedly hurt Hare. Hare later filed a motion to amend his complaint and add a claim for negligent hiring, supervision, and training. Hare argued that the managers and supervisors of the hotel were negligent by not stopping the security officer from striking him with the bottle. The district court denied Hare’s motion to amend, and Hare filed a motion to dismiss his complaint, with the option to re-file the same action or, alternatively, a motion to reconsider the denial of his motion to amend. The court turned down Hare’s motion to dismiss, but granted his motion to amend his complaint. The court ruled that the parties were too far along in the litigation process for Hare to dismiss his claim and start over with claims of negligent hiring, supervision, and training. One takeaway from this case is that a court will not permit a case to be voluntarily dismissed when the dismissal will cause a delay and increase in costs for both parties.

A private security officer’s primary duty is the prevention and deterrence of crime. It is essential that security guards are properly educated and well trained. In Canada, it is now mandatory that guards have Basic Security Training. All individuals are required to complete mandatory training prior to eligibility for provincial licensing. It covers all of the basic security guard duties set out in the Canadian General Standards Board guidelines.  It is important to maintain a certain level of professionalism when providing a security guard service to a client.

Security guards act to protect property by maintaining a high visibility presence in order to deter illegal and inappropriate actions, observing for signs of crime, fire or disorder; then taking action and reporting any incidents to their client. Security guards are not required to make arrests, but they have the authority to make a citizen’s arrest or otherwise act as an agent of law enforcement. This is why it is important that a guard has training in such things as arrest and control, operating emergency equipment, performing first aid, taking accurate notes, and writing detailed reports. One of the justifications for employing a security guard is that often, insurance companies will give reduced rates to sites, which have a 24-hour security presence.

Also the presence of security personnel tends to diminish theft, employee misconduct, safety rule violations and property damage. Security guards can also be used when transporting money in order to protect the individual and provide extra safety measures.