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Legal Liability and Security

How can this recent tragic limo accident relate to the Security Industry? A distinct relationship can be assigned to licensing and liability. As the specifics slowly come out two major details have been released. First the driver did not have the appropriate license to operate this specific vehicle, second, this driver has significant background issues which will undoubtably be taken into consideration.

How does this relate to our industry? Here are some simple questions that should be asked:

As a practitioner:

  • How often do you verify the company or person hiring you has the current, correct, appropriate licenses and insurance to operate in the state they are hiring you for?

  • If they hire you how well did they interview or vet you? This would be an indicator of how they have also interviewed and vetted the men/women you are expected to work with.

  • Do you have the correct qualifications to perform the job you are hired for?

  • Have you or do you receive specific training and has specific job requirements and expectations been explained to you?

This all leads to your personal exposure to liability if something goes wrong. If the company or person haphazardly hires the wrong people and or are not licensed or insured properly you could be at risk. Potentially you could be responsible both criminally and financially if a situation occurs.

As Security Service Provider:

  • How often do you conduct interviews and background checks on those you hire?

  • Do you verify that they have the current and appropriate guard cards to work?

  • Do they have the correct training to perform the duties you hire them for?

  • HR218 does not authorize someone to work as an armed or unarmed guard. That person still is required by most states to have the appropriate guard cards to work providing security services.

Security service providers are being held liable more and more, as they rightly should be. In multiple court cases security either lapsed, didn’t do their job, or over reacted which resulted in harm or death. How well do you trust that everyone you hire will do the right thing at the right time? Have you put in safeguards such as background checks, guard-card verification, and training to reenforced expected behaviors?

These are just some topics to think about and tough yet necessary questions to ask. Ultimately as a practitioner or as a service provider it is your job to do your due diligence and be informed. If the day comes that a situation arises how are you positioned to legally defend yourself. Ignorance is not a defense and as they say its not a matter of if, its a matter of when.


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