Everyone has Civil Liability
The legal term "PARTY" can be a person, company, or organization.When one party believes it has been injured, damaged, or wronged by another party, it may make a lawful claim for damages.
The claim or "LAW SUIT" is presented to a civil court where both parties may explain their positions to a judge or jury. A court judge may decide whether or not one party in a lawsuit has damaged another.If damages are due, the court will decide, after a trial, how much money must be paid by one party to another.The responsibility for the things we do, or fail to do, with the possibility of being sued by another is called CIVIL LIABILITY.
Why is your employer also responsible for your actions?
As a security guard, you are a representative of your employer. Therefore, any negligence or wrongful acts committed by you may also cause your employer and the client to be held responsible. Suits may be brought against you (the security guard) your employer, and/or a client
A security guard makes a false arrest. The person arrested may file a civil suit for damages against the guard, their employer,and all of those believed to be responsible. Even if the civil suit against you (the security guard) or your employer fails, the action may be costly for you and your employer to defend.
When should a Security Guard Make an Arrest
A security guard who is expected to make arrests should receive explicit instructions and training on how to do so. Training should make clear the circumstances under which an arrest can be made and the procedure for making it, so as to minimize civil liability.As a security guard, you should work primarily in a preventive role. Use good judgment and exercise caution when faced with an arrest situation.Every person must be accountable for their actions. Acts of a security guard in an arrest situation are easy to defend when good judgment and good faith have been used. A security guard must not be afraid to act in an arrest situation, but must use restraint and good judgment.