![]() Although employers are generally not liable for the actions of private contractors, they can be liable for the acts of their employees when committed within the scope of employment and in furtherance of the employer’s business. Potential liability is not limited to the guards themselves, but also extends to their employers through vicarious liability. 4, 2021) (granting summary judgment for defendant security company because the security guard did not launch the instrument of harm, the plaintiff failed to allege detrimental reliance, and the security guard did not entirely displace the landowner’s duty to maintain safe premises). Security guards can assume a duty of care towards unintended third-parties if the following three requirements are met: (1) the security guard launched a force or instrument of harm by failing to exercise reasonable care in performing contractual responsibilities (2) the plaintiff detrimentally relied on the continued performance of the contractual duties and (3) the security company entirely displaced the landowner’s duty to maintain safe premises. Since contracts generally do not create a duty of care towards third-parties, plaintiffs must show either they were a named party in the agreement, they were an intended third-party beneficiary, or the security guard assumed a duty of care. ![]() The various duties and responsibilities of security guards are usually laid out in contractual agreements with the entities that hire the guard’s services. ![]() The threshold question in any negligence claim is whether the defendant owed a duty of care to the plaintiff. Security guards can be liable for negligence in limited situations. It is unclear if and when the proposed legislation will be passed. ![]() at 553.Ī proposed amendment to General Business Law § 218 addresses this very issue by both changing the definition of “reasonable time” to not exceed one hour (except in extraordinary circumstances) and mandating that the release from detainment shall not be conditioned on the detainee “sign any documents, statements, or agreements to pay damages.” N.Y. The court found that Macy’s overstepped its authority under § 218 as the store was “detaining, investigating, eliciting a confession and recovering civil penalties at the time the suspected shoplifter is in Macy's custody, and then instead of releasing the individual, continuing to detain them and pursue criminal punishment.” Id. By combining its power to detain under General Business Law § 218, with its power to collect civil penalties from suspected shoplifters under General Obligations Law § 11-105, Macy’s refused to release the plaintiff until she confessed and paid a civil penalty. 2016), the plaintiff was suspected of shoplifting and detained by one of Macy’s Loss Prevention Officers. Macy's Retail Holdings, Inc., 36 N.Y.S.3d 547 (Sup. The statute shields police officers, shopkeepers, and their employees or agents from liability when detaining potential shoplifters so long as the detainment was based on reasonable grounds, occurred in a reasonable manner, and lasted for a reasonable time.Īlthough courts have traditionally interpreted the statute quite broadly, some limitations have arisen in recent years. In claims stemming from the detainment of suspected shoplifters, courts will look to New York General Business Law § 218 (referred to as “shopkeeper’s privilege”). The court reinstated plaintiff’s assault and battery claims as the facts permitted a reasonable inference that the plaintiff was subjected to unreasonable force. ![]() Plaintiff alleged he had done nothing wrong and had even raised his arms in a defensive and non-violent gesture. 2020), the plaintiff brought assault and battery claims after he was roughly pushed to the ground, restrained, then removed from Madison Square Garden by security despite a lack of physical threat or provocation. Assault and battery claims brought against private security guards will typically turn on the intent and reasonableness of the guard’s actions. Property owners may “use reasonable force to eject a trespasser from its premises,” but evidence of unnecessary force or intent to injure removes the privilege. This article analyzes the application and extent of security guard liability in New York. Due to the nature of the profession, security guards and their employers are particularly vulnerable to potential civil liability for intentional torts, negligence, and civil rights violations. Private guards serve a necessary function by assisting law enforcement, ensuring individual safety and protecting business interests. ![]()
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