Essay on Civil Liability

3266 Words Jan 20th, 2015 14 Pages
Private Police and Civil Liability
Dan Seemann
August 4, 2014
Darrin Waters

Civil Liability and Private Police
Private police and security continue to grow at a rapid pace because of reduced Constitutional restrictions, but employers must also understand the increased civil liabilities associated with employing private security. This paper will help to evaluate civil liability and how these liabilities are applied to private police forces. Another key element will be to identify and recommend certain measures that can be implemented to help mitigate organizational and institutional liability. Mitigating these liabilities will enable a larger return on investment for the business using these private security forces.
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One of the leading examples of this type of negligence was the case of Jones v. Gwynne in 1984. This case consisted of a McDonald's employee making accusations against another employee that could not be proven in court. The lack of evidence led to a later civil lawsuit by the accused that resulted in an award of $300,000 in punitive damages. Understanding the liabilities and negative results of improper investigations can help reduce significant financial penalties for the organization. Mitigation Measures for Organizational and Institutional Liability
Liability will always exist in the business world and must be accepted, while mitigating the maximum cost-effective amount of liability exposure. This typically begins with training, policies and procedures, compliance programs, and risk awareness programs. Businesses cannot effectively operate in a total risk adverse environment. This would not enable expansion into new markets and can restrict both internal and external growth. Compliance and risk management professionals can tailor a risk and liability mitigation program, which is right-sized for a specific organization's size and needs.
Officer Training Programs
Training is one of the most effective liability mitigation tools to help reduce the associated liability with private security forces. Currently, only 22 states require that private security

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