Negligent security claims are a type of premises liability and include both inadequate security and overzealous security. Businesses have a duty to provide a safe environment for customers, employees and other visitors. That includes protecting customers from attacks and assaults perpetrated by security personnel and other employees. Overzealous security incidents typically include excessive force on the part of security guards or bouncers. And there are other types of negligent security scenarios, such as an employee who sexually assaults a customer, guest or resident.
There are two common scenarios involving overzealous security. One is the bouncer, in a bar, restaurant or similar establishment, who uses too much force when removing a customer, breaking up a fight, or neutralizing a perceived threat.
The second is the security guard, or as some retailers call them “loss prevention associates”, uses excessive force when dealing with a suspected shoplifter. Many of these cases have resulted in deaths, including shooting deaths. It is not uncommon for retailers with a history of overzealous security to also have a history of inadequate security because the security tools that they use, including personnel and security cameras are focused on protecting the store from theft but not employed to protect customers from criminal attacks.
Attacks and Assaults by Non-Security Employees
Businesses have a legal obligation to protect their customers, guests, residents, and other employees from attacks and assaults perpetrated by their employees. Liability can come about in a number of ways, including failure to conduct background checks where appropriate, retaining an employee with a history of assault complaints against them, or failure to respond to a direct threat.
If you or someone you love has been harmed by overzealous or negligent security, please call the New York premises liability attorneys of The Law Firm of Panzavecchia & Associates, PLLC., at (888) LAW-2204 or submit an online questionnaire right away.