ABSTRACT

With new and emerging opportunities come the natural liabilities for industry personnel and its employing agencies. This chapter discusses the civil liability of security personnel and business entities from various angles. Civil wrongs or causes of action can be grounded in various remedies including negligence, intentional torts, and even strict liability findings. Private sector justice is exposed each and every day to both its protections and its corresponding liability. Certain types of activities, for public policy reasons, qualify for strict liability coverage. The burden of proof in strict liability cases is less rigorous than its negligence or intentional tort counterparts since the act alone suffices for liability. The majority of American jurisdictions do recognize the tort of intentional infliction of mental distress. The cumulative effect of false imprisonment, intentional infliction of mental distress, assault and battery, and other related torts in security detention and restraint situations often lead to the tort of defamation.