How to Limit Security Company Liability
It’s the year 2008, and everyone is worried about law suits, for good reason; everybody sues. So you go and open a security business, which is a breeding ground for potential lawsuits. Here’s how you limit your liability and take the necessary steps to protect you, your business and assets.
You need certain policies in place, which coincide with your training, selection of security personnel, your standard contract, and your corporate general orders. Here’s how it works:
Security Guard Joe is working as an armed guard in a bank for Security Company X. It’s Halloween Day. There are “trick or treators” coming into the bank all day. Most of the trick or treators are children, ages 1 to 10. At 3pm, school lets out and there are now high school kids walking around in costumes. The guard is standing post in a busy bank, he’s alert, skilled and he’s a retired detective from a local police department. At 3:30pm four men run into the bank with Halloween masks and they run up to the teller, which is an 18 year old girl working part time after school. The masked men yell, “give me all of your money!” The guard reacts when one of the masked men runs directly toward him as he is standing near the doorway of the bank. The armed guard fires a shot into the masked man and the masked man falls. The other masked men are running out of the bank and it is later discovered that they were all teenagers playing a prank on one of their friends, the bank teller.
Some time passes and the guard is cleared in the shooting and no criminal charges are filed. A horrible accident and a stupid thing for teenagers to do.
A month later, Security Company X is served with a wrongful death lawsuit for millions of dollars. THIS IS NOT THE TIME TO TRY AND GET YOUR DUCKS IN A ROW. THIS SHOULD HAVE BEEN DONE WHEN THE COMPANY WAS FORMED.
Here’s how Security Company X could have limited their liability:
It starts with your hiring practice
How did you screen the guard? Did you conduct a criminal background check? Did you check with his past employers? Did you document who you spoke with? Was there a psychological test administered? a drug test?
It continues with your corporate general orders and standard operating procedures
Did you, as a matter of policy, train your guard, when to shoot, where to shoot, who etc... Is there a firearms policy signed, issued, explained. Did you document that the armed guard understood the orders. Is it dated, signed, notarized, and witnessed? This is very important.
What type of firearm was your guard carrying; does it match your general orders? Did the guard qualify with his firearm? Did you state anywhere what type of ammunition that your guard may possess, carry on duty?
Your Contract plays a vital role
Does your contract state who you are protecting and from what? Does it state who you are NOT protecting and WHAT you are NOT doing? Your contract has to be perfect when you are using it in the recipe stated above to save your business, your house etc... Your contract must state who the client is and that the client is the only person or entity that can benefit from the utilization of Security Company X service. In other words, you must state that the armed security guard will deter crime and not prevent it. That it should not be construed that he will prevent it, or that he will protect others not specifically listed in the contract.
Learn more about contracts, standard operating procedures and how to use these important documents, click here
No comments:
Post a Comment